Terms and Conditions
Eat Well Live Well
Terms of Use Agreement
The following terms and conditions and the Privacy Policy that follows them govern the use of the EatWellLiveWell.org website (the "Site") and constitute an agreement ("Agreement") between you and Wegmans Food Markets, Inc. ("Wegmans"). By subscribing to the services provided on the Site and checking "I have read and understand the Terms of Usage", you acknowledge that you have read and understand the terms of this Agreement, and you agree to be bound by them. If you do not wish to be bound by this Agreement, you should not access or use the Site and should not check "I have read and understand the Terms of Usage".
Wegmans may modify the terms of this Agreement from time to time by posting the updated agreement containing any modifications to the Site. You are required to check the terms for any changes. Your use of the Site following any such posting shall constitute your consent to be bound by the updated agreement.
1. HEALTH DISCLAIMER
1.1 The information and services provided on the Site are for informational purposes only. Nothing contained on the Site should be construed as medical advice or diagnosis, and nothing contained on the Site should be used to make any diagnosis. You should consult a medical professional to receive advice or a diagnosis, if you have any questions concerning your health, or before making any major changes to your lifestyle. You should consult your doctor or a medical professional prior to beginning any exercise or nutrition program or diet.
2. USE
2.1 Permitted Use. You may access and make personal use of the Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as: (a) the link does not portray the Site, Wegmans or its products or services in a false, misleading, derogatory or otherwise offensive manner; and (b) logos or other proprietary graphic or trademarks owned by Wegmans are not made part of the link without the express written consent of Wegmans.
2.2 Prohibited Use. You may not use the Site for any illegal purposes or for any purpose that Wegmans determines is improper in its sole discretion. Downloading (other than page caching) or modifying any portion of the Site is prohibited. The Site and any contents contained on it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Wegmans. Framing or use or framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Wegmans is prohibited. Use of data mining, robots, or similar data gathering and extraction tools is prohibited. Use any meta tags or any other "hidden text" utilization of Wegmans' name or trademarks without the express written consent of Wegmans is prohibited. Any of the foregoing actions or other unauthorized use terminates this Agreement.
3. WebSite Content
3.1 Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data, text and other materials that are provided on or by the Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed to or by Wegmans; excluding any intellectual property in which you have a preexisting right independent from the services. All information provided by you to the Site, other than personally identifiable information such as name and address, and any derivations thereof, is the property of Wegmans. The Site as a whole is protected by copyright and trademark law and is owned by Wegmans or its licensors.
3.2 Wegmans reserves the right to move or delete portions of or add to the Site from time to time, and to discontinue the Site at any time for any reason.
4. USERNAME, PASSWORD, and INTERNET ACCESS
4.1 To access and use the members' section of the Site, you must create a username and password. You agree that the username and password: (a) will be used only for your personal, non-commercial use; (b) is non-transferable; and (c) may not be shared with others. Wegmans may refuse to grant or may change any username that it deems offensive or objectionable in its sole discretion. You are also responsible for maintaining and operating any equipment including, but not limited to, computer equipment that is needed to access or use the Site.
5. Termination of this Agreement
5.1 This Agreement commences upon acceptance of these terms and is effective until terminated by Wegmans. In its sole discretion, Wegmans may terminate this Agreement and your membership and use of the Site at any time without notice to you. Upon any termination of this Agreement, (a) access to password-protected portions of the Site will be denied; and (b) you must promptly destroy all materials, or copies thereof, downloaded or otherwise obtained from the Site. Materials provided on the Site by you may not remain available for you to access at a later time.
6. SITE MAINTENANCE
6.1 On occasion, the Site may be inaccessible due to maintenance or unforeseen circumstances, either with or without prior notification. In such instances, Wegmans will endeavor to restore the Site in a timely manner, but will not be responsible to you if it cannot.
7. Disclaimer of Warranty
7.1 YOU ASSUME FULL RESPONSIBILITY FOR THE RISK ASSOCIATED WITH USING SITE AND THE INTERNET. WEGMANS PROVIDES THE SITE AND ITS SERVICES, INFORMATION AND TOOLS "AS IS." WEGMANS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY SERVICE, MERCHANDISE OR INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WEGMANS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WEGMANS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION PRESENTED ON THE SITE.
7.2 Wegmans does not warrant that you will achieve any results or health benefits from using this Site.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL WEGMANS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR INFORMATION, OR ANY INJURIES (INCLUDING DEATH), DAMAGES OR CLAIMS WITHOUT REGARD TO THE FORM OF THE ACTION INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, CONTRACTS, OR OTHER TORTUOUS ACTIONS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE, INFORMATION OR TRANSACTION PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, EVEN IF WEGMANS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 The total liability of Wegmans and its officers, directors, employees, agents, and any third party information providers, if any, for losses or damages shall not exceed $25.00.
9. INDEMNIFICATION
9.1 You agree to indemnify, defend and hold harmless Wegmans, its officers, directors, employees, agents, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
10. MISCELLANEOUS
10.1 This Agreement shall all be governed and construed in accordance with the laws of the state of New York, without regard to the principle of conflicts of laws. You agree that any legal action or proceeding between Wegmans and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent sitting in Monroe County in the state of New York.
10.2 This agreement is binding upon you and your heirs, successors, assigns, and any other personal representative.
10.3 Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
10.4 No action by either party shall be construed to constitute a waiver of any provision or right.