1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Brookshire Brothers, Inc. In addition, the names, images, pictures, logos and icons identifying Brookshire Brothers, Inc.'s products and services are proprietary marks of Brookshire Brothers, Inc. and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Brookshire Brothers, Inc.
1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
2. LINKS TO THIRD PARTY SITES
3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND BROOKSHIRE BROTHERS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2 Brookshire Brothers, Inc. disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means Brookshire Brothers, Inc., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references or cross references to Brookshire Brothers, Inc. products and services that are not available in every country.
6. GOVERNING LAW; JURISDICTION; DISPUTES
IN THE EVENT OF A DISPUTE, YOU OR BROOKSHIRE BROTHERS MUST GIVE THE OTHER A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND THE RELIEF REQUESTED. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO BROOKSHIRE BROTHERS AT LEGAL DEPARTMENT, ATTENTION ARBITRATION, 1201 ELLEN TROUT DRIVE, LUFKIN, TEXAS 75904. YOU AND BROOKSHIRE BROTHERS WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN 60 DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER 60 DAYS, YOU OR BROOKSHIRE BROTHERS MAY COMMENCE ARBITRATION. YOU ARE NOT REQUIRED TO WAIT 60 DAYS TO FILE A SMALL CLAIMS ACTION.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. YOU AGREE TO COMMENCE ARBITRATION ONLY IN YOUR COUNTY OF RESIDENCE OR IN ANGELINA COUNTY, TEXAS. WE WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. LIKEWISE, BROOKSHIRE BROTHERS WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSION, OR IN PERSON BY FOLLOWING THE AAA RULES. IN A DISPUTE INVOLVING $10,000 OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD.
YOU AGREE THAT THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE TO WHICH THIS SECTION APPLIES MUST BE FILED WITHIN ONE YEAR IN SMALL CLAIMS COURT OR IN ARBITRATION WITH THE AAA. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE COULD FIRST BE FILED. IF SUCH A DISPUTE ISN'T FILED WITHIN ONE YEAR, IT'S PERMANENTLY BARRED.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
8. ENTIRE AGREEMENT; SEVERABILITY
9. ELECTRONIC COMMUNICATIONS
When you use our Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any communication or other information sent to Brookshire Brothers, Inc. via e-mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Brookshire Brothers, Inc. for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Brookshire Brothers, Inc.
10. LINKS TO BROOKSHIRE BROTHERS, INC. WEB PAGES
10.2 When linking to this Site you may use one or more Brookshire Brothers, Inc. logos as a link anchor. To ensure proper usage of Brookshire Brothers, Inc. logos, we've presented them here. These logos are trademarks of Brookshire Brothers, Inc. and Brookshire Brothers, Inc. retains all rights in them. Brookshire Brothers, Inc. grants you a limited license to use these logos solely for linking to Brookshire Brothers, Inc. web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Brookshire Brothers, Inc. does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.
11. MESSAGE BOARDS, BLOGS, & SHARING
Brookshire Brothers, Inc. may, now or in the future, allow users to post, upload transmit through, or otherwise make available on the Site (collectively, "submit") messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). Brookshire Brothers, Inc. is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Brookshire Brothers, Inc. does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Brookshire Brothers, Inc. be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.
You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Brookshire Brothers, Inc. has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.
By submitting User Content, you automatically grant Brookshire Brothers, Inc. a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Brookshire Brothers Inc. deems appropriate including, but not limited to, in connection with Brookshire Brothers Inc., its subsidiaries, affiliates, or business.
Brookshire Brothers Inc. has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.
12. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Effective: March 17, 2014
Last Updated: July 29, 2014
Certain activities provided via the website may be covered by U.S. Patent 5,930,474.