I.  INTRODUCTION

Welcome to the family of websites for Schnuck Markets, Inc. (hereinafter “Schnucks,” “we,” or “us”).   Please read these Terms of Use carefully.  These Terms of Use set forth legally binding terms and conditions, and govern this website as well as any features, functionality, content, products and services made available by us on or through this website.  By accessing or using the website, you accept and agree to be legally bound by these Terms of Use. 

Privacy Policy; Additional Terms.  These Terms of Use include the terms and conditions set forth in this document as well as our Privacy Policy, located at http://www.schnucks.com/privacy.asp.  Certain areas of the website and product and service offerings may be subject to additional terms and conditions posted by us on the website or otherwise made available by us to you.  Your access to and use of the website is conditioned upon your acceptance of such additional terms and conditions. 

Changes to these Terms of Use.  We reserve the right to amend these Terms of Use from time to time.  Any amendments will be effective when posted by us on the website or otherwise made available to you.  Your access to and use of the website after we have modified these Terms of Use will signify your acceptance of the amended terms.

Contacting Us.  Customer satisfaction is our first priority at Schnucks, and nothing is more valuable to us than your comments and suggestions.  Please let us know what we are doing right, and what you would like to see us improve. With your help, we will make Schnucks an even better place to shop.  Please contact us by email at consumer@schnucks.com, by telephone at (314) 994-440 or toll-free (800) 262-4400, or by mail at Schnucks Consumer Affairs, 11420 Lackland Road, P.O. Box 46928, St. Louis, MO 63146-6928.

II.  WEBSITE USE

Eligibility.  Access to and use of this website is limited to your personal, non-commercial use, and is void where prohibited.  Children under 13 years of age are not eligible to use this website without the supervision of a parent or legal guardian.  By accessing and using the website, you represent and warrant that: (a) you have read and understand, and agree to comply with and be bound by these Terms of Use; (b) all information that you submit to us is, and will be updated to remain, truthful, accurate and complete; and (c) your access to and use of the website does not and will not violate any applicable laws of your local jurisdiction. 

Account and Password.  For certain areas of the website, you may be asked to register an account, choose a username and password for your account, set account preferences, and/or provide certain additional information.  Your account may be used by you only, and may not be shared with any other person.  You are solely responsible for selecting, changing, and maintaining the privacy of your username and password, and for all activity that occurs under your account.  You agree to notify us immediately if you suspect any unauthorized use of your account or access to your username or password.

Promotions, Coupons and Advertisements.  We will use reasonable efforts to honor all Schnucks promotions, coupons and advertisements made available on the website, according to their terms, subject to availability, and only for the specified dates.  On occasion, a promotion, coupon or advertisement may be listed in error, or may contain incorrect pricing, availability or other information.  We will not be obligated to honor any such promotions, coupons or advertisements, and we apologize in advance for any inconvenience.

Content Posted by Users.  Certain areas of the website permit users to submit or “post” questions, feedback and other information (referred to collectively as “content”).  All content submitted by you must be appropriate for viewing by a general audience, consistent with the general quality standards of the website, and otherwise in compliance with these Terms of Use.  We reserve the right, but will not have the obligation, to relocate and/or remove content that violates these Terms of Use.  Notwithstanding the foregoing, you are solely responsible for all content that you submit.

We are Not Responsible for User Content.  We have no control over and assume no responsibility for the content posted by users of the website.  It is possible that other users may post inaccurate, offensive or inappropriate content, and that you may view or be involuntarily exposed to inaccurate, offensive or inappropriate content.  We do not approve of such conduct.  However, we are not responsible for the content or conduct of other users of the website, and will have no liability for any actions or inaction taken in connection therewith.  Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of Schnucks.  We make no representations or warranties, express or implied, as to the content submitted by users, and will have no obligation to modify or remove inaccurate or inappropriate content.

User Disputes.  We encourage you to report any abuse of the website or violation of these Terms of Use by other website users.  Notwithstanding the foregoing, you are solely responsible for your interactions with other users on the website.  We reserve the right, but will have no obligation, to monitor activities and communications on the website, and to take action where we deem it to be appropriate, in our sole discretion.

Prohibited Activities.  You may not: (i) use the website for advertising, promotional or other commercial purposes; (ii) transmit “junk mail,”  “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications; (iii) use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the website; (iv) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website; (v) impersonate a representative of Schnucks or another website user; (vi) attempt to gain unauthorized access to any other user’s account, data or restricted areas of the website; (vii)  “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted; (viii) engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, misleading, inaccurate, unsafe, invasive of another's privacy, or endangering of minors in any way; (ix) promote or encourage discrimination or hatred or physical harm of any kind against any group or individual; or (x) infringe, misappropriate, or violate the copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other legal duty or obligation.

Termination.  We reserve the right to terminate your account or use of the website at any time and for any reason, and/or to take other action, with or without prior notice to you, if you violate any provision of these Terms of Use or use the website in a manner for which it is not intended to be used. 

Indemnification.  You agree to indemnify, defend and hold Schnucks, its directors, officers, employees, agents, affiliates and suppliers harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting in whole or in part from your violation of these Terms of Use, your misuse of the website, or your actual or alleged violation of any applicable law or the rights of another person or entity.

III.  LINKS TO THIRD PARTY SITES

The website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites.  The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval.  When you access a third party Internet or mobile site, you do so at your own risk.  We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.

IV.  PROPRIETARY RIGHTS

Schnucks and its suppliers reserve all right, title and interest in and to the website, including but not limited to all products, services, materials, information, and compilations of information available on or through the website, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein.  You may not modify, reproduce, distribute, sell, or create derivative works based upon the website, or post any content from the website to newsgroups, blogs, mailing lists or social media sites without our prior written consent.

From time to time, you may provide us with suggestions, comments, ideas or other feedback for the website or the products, services or information featured on the website ("feedback").  By submitting such feedback, you unconditionally and irrevocably authorize Schnucks, its successors and assigns to use, disclose and otherwise commercialize and exploit such feedback free of any and all claims by or monetary obligations to you or proprietary, confidentiality or other restrictions of any kind, including without limitation for purposes of developing improvements to our website, information and products and services.

V.  DISCLAIMERS

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE CONVENIENCE OF OUR CUSTOMERS.  AND ALL USE OF THE WEBSITE IS “AT YOUR OWN RISK.”  IF YOU ARE UNSURE OF WHETHER A PARTICULAR PRODUCT OR SERVICE IS RIGHT FOR YOU, YOU SHOULD VISIT A SCHNUCKS STORE IN PERSON TO CONSULT WITH A HELPFUL SCHNUCKS STAFF MEMBER, REVIEW THE PRODUCT PACKAGING DESCRIPTION AND INSTRUCTIONS, AND WHENEVER NECESSARY, CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. 

THE WEBSITE may contain MEDICAL AND health-related informatioN, including SAFETY BULLETINS, PRODUCT RECALL INFORMATION AND listings and pictures of certain medications and other health-related PRODUCTS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS INFORMATION WILL BE TIMELY, ACCURATE OR COMPLETE, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, all responsibility and liability for YOUR ACTS OR OMISSIONS IN RELIANCE THEREON.  this information is not and should not be considered medical advice, regardless of whether posted by SCHNUCKS, its AGENTS, AFFILIATES, suppliers, or other VISITORS.  Like any information available on the Internet, thIS WEBSITE should never be used as a substitute for your physician’s advice and your good judgment.  

SCHNUCKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  SCHNUCKS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.

VI.  LIMITATIONS ON LIABILITY

IN NO EVENT WILL SCHNUCKS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, OR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE THEREON. 

THE TOTAL CUMULATIVE LIABILITY OF SCHNUCKS AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, AND THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE THEREON, WILL NOT EXCEED THE TOTAL FEES (IF ANY) PAID BY YOU IN THE PRIOR ONE MONTH FOR THE PRODUCTS, SERVICES, AND/OR INFORMATION ON THIS WEBSITE GIVING RISE TO THE CLAIM. 

THE LIMITATIONS ON LIABILITY IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.  THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND WILL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU. 

VII.  MISCELLANEOUS

Governing Law.  The website is hosted and operated in the United States of America.  These Terms of Use and the relationship between you and us relating to your access to and use of the website will be governed by and interpreted for all purposes in accordance with the laws of the State of Missouri, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. 

Jurisdiction and Venue.  Any dispute, action or proceeding arising out of or related to these Terms of Use, your access to or use of the website, or the products, services, or information made available to you through the website will be commenced in the state courts of St. Louis County, Missouri or, if proper and exclusive subject matter jurisdiction exists, the U.S. District Court of the Eastern District of Missouri.  You hereby consent to the exclusive personal jurisdiction and venue of such courts and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing will not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your indemnification obligations in any court of competent jurisdiction.

Assignments.  You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part, without our prior written consent.  Any attempted assignment or delegation will be null and void from the beginning and without effect.  We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest.  Subject to the foregoing, these Terms of Use will be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.

  1. Third Party Beneficiaries.  Nothing contained in these Terms of Use, express or implied, is intended or will be construed to give any third party any rights or remedies under or by reason of these Terms of Use.  Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms of Use will extend to Schnucks, its directors, officers, employees, agents, affiliates and suppliers.  All references to Schnucks in connection therewith will be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

Amendment; Waiver.  Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of Schnucks.  No provision will be waived by any act, omission or knowledge of a party.  Any waiver on one occasion will not constitute a waiver of any other or subsequent duty or breach.

Severability.  If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision will be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from these Terms of Use if such amendment is not possible, and the remaining provisions of these Terms of Use will continue in full force and effect.  

Construction.  The captions in these Terms of Use are for reference purposes only and will not affect the meaning or interpretation of these Terms of Use.  The term “including” as used herein means “including without limitation.”  The terms “hereunder,” “herein,” “hereof” and similar variations mean these Terms of Use as a whole, and not any particular section.

Entire Agreement.  These Terms of Use set forth the entire agreement of the parties with regard to the subject matter hereof, and supersede all prior and contemporaneous negotiations and agreements, written or oral.