Consumer Terms of Service for Food4Less

Please Read Carefully.

This consumer terms of service (‘Consumer TOS’) is between you (‘you’ and ‘your’) and PAQ, Inc (dba Food4Less) and its subsidiaries and affiliates (collectively, ‘Retailer,’ ‘we,’ ‘our,’ and ‘us’). This Consumer TOS governs your access to and/or use of the website, www.myfood4less.com, any mobile versions and/or applications related thereto, products, services and any sites Retailer has now or acquires in the future (collectively, the ‘Services’). This includes, without limitation, your ability to view Retailer's store information, specials, promotions, and coupons. By accessing or using the Services, you agree to be bound by this Consumer TOS and Retailer's Privacy Policy located at https://www.paqinc.org/privacyPolicy, and you consent to the collection, storage, and processing of your personal information in accordance with the Privacy Policy and this Consumer TOS.

If you do not agree to this Consumer TOS and the Privacy Policy, you may not access or use the Services.

By clicking the ‘Accept’ button or otherwise indicating your acceptance of this Consumer TOS and/or by accessing or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this Consumer TOS, as well as all other applicable rules or policies, terms and conditions or agreements that Retailer has established or may establish from time to time, all of which are incorporated herein by reference. The terms and conditions of this Consumer TOS exclusively govern your access to and/or use of the Services. You may not access or use the Services if you are a competitor of Retailer, or if Retailer has previously suspended or terminated your access to the Services or closed your account.

Arbitration Notice

Except as otherwise provided in the arbitration clause below, you agree that any disputes between you and Retailer will be resolved through mandatory, binding arbitration, and you waive any right to bring or participate in a class action lawsuit or class-wide arbitration.

1. Changes to Terms

Retailer may, at any time, for any reason, make changes to the Services and/or modify this Consumer TOS in its sole and absolute discretion. However, such changes will be made in accordance with applicable consumer protection laws and regulations. If Retailer makes changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this Consumer TOS page and change the ‘Last Updated’ date set forth above. Where required by law, we will provide advance notice of material changes and, where applicable, obtain your affirmative consent. You agree that your continued use of the Services following the effective date of any such changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree to the changes, you shall not use the Services offered after the effective date of the changes and/or modifications. Please revisit this Consumer TOS regularly to ensure that you stay informed of any changes and/or modifications. If you have any questions or concerns regarding these changes, you are encouraged to contact us before continuing to use the Services.

2. Use of the Services

Access to Services

Retailer retains the right, in its sole discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. This right will be exercised in a non-discriminatory manner and in accordance with applicable laws and regulations. While we use reasonable efforts to keep the Services accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances within Retailer's control and outside of Retailer's control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by Retailer in its sole and absolute discretion in compliance with applicable laws and with reasonable notice where required. Retailer will not be liable for any modification, suspension, or discontinuance of the Services to the extent permitted by law.

Eligibility

The Children's Online Privacy Protection Act (‘COPPA’) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). Retailer does not knowingly collect or solicit information from children under the age of thirteen (13). To access and/or use the Services, you must be eighteen (18) years or older or the age of majority in your jurisdiction, whichever is greater, or have the requisite power and authority or possess legal parental or guardian consent to enter into this Consumer TOS. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at privacy@paqinc.com if you think a child has provided us with personal information. Retailer complies with all applicable data protection and privacy laws in handling personal information.

Creating an Account

You may be required to create an account on the Services in order to view Retailer's store information, specials, promotions and coupons. If you establish an account, you shall (i) indicate agreement to this Consumer TOS, (ii) provide contact information and other relevant information necessary for Retailer to provide the Services and (iii) submit any other form of authentication required, in accordance with applicable laws and as determined by Retailer in its sole and absolute discretion. You agree to provide true, accurate, and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. Retailer will assume that anyone using the Services and/or transacting through your account is you. Therefore, you further agree to immediately notify Retailer of any unauthorized use of your password and/or account and/or any other breach of security. Retailer shall comply with applicable data security laws in handling such incidents and may take appropriate steps to protect user accounts. You are prohibited from using other disguised identities when using the Services.

We may refuse to grant you an account with a name that impersonates someone else, violates applicable laws, or if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark or other proprietary rights, as determined by Retailer in its sole and absolute discretion. Your account is non-transferable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Consumer TOS, we may terminate your account immediately without liability. Retailer will comply with applicable notice obligations under relevant laws in connection with account termination. Upon termination, the terms and conditions of this Consumer TOS that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.

Communications from Retailer

By creating an account, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us and/or the consumers electronically, and you consent to receive communications from us and/or the consumers electronically. We will communicate with you by e-mail and/or by posting notices on the Services. You may manage your communication preferences at any time, and you may opt out of non-essential or marketing-related communications in accordance with applicable laws. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Retailer complies with applicable laws, including the CAN-SPAM Act, and will include appropriate opt-out mechanisms in marketing emails.

Mobile Messaging

You may agree to receive text messages from Retailer to your mobile phone/device regarding the Services. Your mobile number will be used to communicate with you by text message regarding the Services. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Retailer will only send you marketing-related text messages where you have provided prior express written consent, as required by applicable law, including the U.S. Telephone Consumer Protection Act (TCPA). Your consent to receive text messages is not required to use the Services. Retailer does not charge you for sending or receiving text messages. Your mobile carrier's rates apply and all charges are billed by and payable to your mobile provider. Retailer will not be liable for any delays in the receipt of any ‘SMS’ messages as delivery is subject to effective transmission from your mobile and/or network operator. You may opt out of receiving text messages at any time by following the instructions provided in the message or by contacting us directly.

Your Conduct and Responsibilities

Subject to your compliance with the terms and conditions set forth herein, Retailer grants you the following rights and you agree to the following responsibilities:

• You represent and warrant that all information provided is true, complete and accurate, and you are authorized to submit it.
• You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services.
• You may not access all or any part of the Services to build a competing product or service.
• You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it.
• You are only authorized to view, use, copy for your records and download small portions of the content for informational, non-commercial use, provided you leave copyright and other proprietary notices intact.
• You are responsible for the accuracy and quality of the data and content you submit and will not violate intellectual property rights.
• You agree to act in accordance with all applicable laws, rules and regulations including but not limited to intellectual property, privacy, data protection, and cybersecurity laws.
• You agree not to intentionally hold Retailer and/or its employees and/or directors up to public scorn, ridicule or defamation.
• You will use commercially reasonable efforts to prevent unauthorized access and notify Retailer promptly of any unauthorized access and/or use.
• You will not attempt to access data not intended for you, monitor the Services for data gathering purposes, or interfere with the Services.
• You shall not use the Services for any unlawful purpose or to violate any law, code of conduct, or guidelines applicable to the Services.

3. Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services and/or products descriptions, pricing, promotions, offers, and availability. While we strive to ensure that all information is accurate, complete, and up to date, we do not warrant that any content on the Services is error-free. We reserve the right to revoke any stated offer; correct any errors, inaccuracies, and/or omissions; and/or make changes to prices, content, offers, services and/or product descriptions, specifications, and/or other information at any time and without prior notice, to the extent permitted by applicable law.

If a pricing error or other material mistake is discovered after an order is submitted, we may, where permitted by law, cancel or refuse the order, provided we inform you promptly and provide a refund where applicable. We also reserve the right to limit quantities and to revise, suspend, and/or terminate an event and/or promotion at any time in compliance with applicable consumer rights and refund obligations.

4. Proprietary Rights and Licenses

Reservation of Rights

The information, headers, illustrations, photographs, graphics, icons, trade dress and/or other content provided by Retailer on the Services (‘Content’), as well as the organization and/or layout of the Services, are copyrighted and protected by United States and international laws and treaty provisions. Retailer owns, controls, lawfully uses and/or licenses the Content on the Services. Retailer's name and logo may not be copied, imitated and/or used without Retailer's prior written consent. Subject to the limited rights expressly granted hereunder, Retailer and/or its third party providers reserve all right, title and interest in and to the Services and Content, including worldwide intellectual property rights.

Ownership

The Services, Content and the infrastructure used to provide the Services are proprietary to Retailer and other third parties. Retailer grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Consumer TOS and to any additional terms and policies set forth by Retailer; and you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, goods, products and/or services obtained from and/or through the Services.

Consumer Information

During your access to and/or use of the Services you may provide information such as your name, address and delivery information (‘Consumer Information’). You grant Retailer a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the Consumer Information for any purpose related to providing and improving the Services, in accordance with applicable privacy and data protection laws. You alone are responsible for Consumer Information and assume all risks associated with it. Retailer will process and store Consumer Information in accordance with its Privacy Policy and applicable data protection regulations.

Consumer Information shall not include unauthorized content determined by Retailer to be illegal or to violate laws or rights of others; a virus/worm/trojan or other harmful component; harmful/offensive/inaccurate/abusive language including bigotry, racism, discrimination, hatred, or profanity; information about illegal activities, sexual harassment or physical harm; or language intended to impersonate other users or be offensive/inappropriate usernames or signatures. Retailer may remove, restrict, or report Consumer Information that violates this policy or applicable laws.

5. Prohibited Use

You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols that comply with industry best practices and are used with Retailer's written consent).

Retailer may terminate your access to the Services or any portion thereof at any time in accordance with applicable laws, including notice requirements where mandated, and without liability to you. Retailer may also suspend or terminate your account if it suspects you violated this Consumer TOS, Retailer policies, or engaged in improper or fraudulent activity, while complying with applicable legal standards.

6. Indemnification and Waiver

You shall indemnify, defend and hold harmless Retailer, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities (‘Claim’) arising out of and/or in relation to: Consumer Information submitted by you; any use of the Services in violation of this Consumer TOS; your violation of any law and/or rights of a third party; your use of the Services and/or breach of this Consumer TOS; and fraud/intentional misconduct/negligence. This indemnity applies only to the extent permitted by applicable law and does not extend to claims resulting from Retailer's own negligence, willful misconduct, or breach of this Consumer TOS. Retailer may assume exclusive defense and control of matters subject to indemnification.

To the extent permitted under applicable laws, you release Retailer and its third party providers from claims and/or liability of any other third-party related to any product or good, any action or inaction by a user. Nothing in this section limits rights you may have under applicable consumer protection laws that cannot be waived.

7. Disclaimer of Warranties

To the maximum extent permitted by applicable law the services are provided on an ‘as is’, ‘as available’ basis, except as expressly set forth in this consumer TOS. Retailer and its third party providers disclaim warranties including title, non-infringement, quiet enjoyment, merchantability, fitness for a particular purpose, accuracy, and from course of dealing, usage and/or trade practice. Some jurisdictions do not allow the disclaimer of certain implied warranties, so exclusions may not apply to you in full. Nothing excludes rights that may not be lawfully excluded or limited under applicable consumer protection laws.

8. Limitation of Liability

Your use of the services is at your own risk. To the extent permitted by law, retailer and its related parties are not liable for direct, special, incidental, indirect, consequential, and/or punitive damages, including loss of use, data, and/or profits. Because some states do not allow exclusion/limitation for consequential/incidental damages, limitations may not apply to you in full; in such cases, retailer's liability shall be limited to the maximum extent permitted by applicable law. Your sole remedy for dissatisfaction is to discontinue use.

9. Miscellaneous

If any provision is illegal, invalid or unenforceable, it will be divisible and deemed deleted, and the remainder will remain in full force and effect. The unenforceable provision will be replaced with a valid provision that most closely reflects the original intent, in accordance with applicable law.

This Consumer TOS is governed by the laws of the State of California without reference to its choice of law rules. If applicable law conflicts with any part of this Consumer TOS, the Consumer TOS will be deemed modified to conform to the law and other provisions will not be affected. No waiver is effective unless in writing and signed by the party granting it.

10. Contact

If you would like to request additional information regarding this Consumer TOS or for any questions, please contact us at privacy@paqinc.com. If your inquiry relates to your personal information, data rights, or a legal request, please indicate that clearly in your message.