THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Terms and Conditions. By clicking “I Accept” to these Terms, or by using the Wegmans Sites, (each constituting “Your Acceptance”) you affirm that you are of legal age to enter into these Terms; and that you expressly agree to be bound by these Terms, between you and Wegmans. If you are not of legal age to enter into these Terms, you affirm that you have obtained parental or guardian consent (a) to enter into these Terms and (b) to take responsibility for your use of the Wegmans Sites and your compliance with these Terms. If you violate or do not agree to these Terms, then you should not use the Wegmans Sites.
Modifications to Terms and Conditions. Wegmans reserves the right, in its sole discretion, to modify these Terms at any time. Any such modified Terms will not apply to any dispute between you and us arising prior to Your Acceptance of the modified Terms after we posted them. We will post the most recent version of these Terms on the Wegmans Sites. The most recent modification date will be noted by the “Last updated” date below. Your Acceptance after we post any modified Terms indicates that you expressly agree to be bound by the modified Terms.
In these Terms:
“Additional Terms” means those additional terms and conditions that apply to customers of certain Wegmans products or services, including the Notice of Privacy Practices (Notice) for Pharmacy customers and Shoppers Club Agreement and Shoppers Club for Business Agreement for Shoppers Club customers. In the event of any inconsistency between these terms and conditions and the Additional Terms, the Additional Terms govern as to the relationship between you and Wegmans with respect to your use of the products or services to which those Additional Terms relate.
“Content” means merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).
“ePS” means all ePayment Services features, functionality and services, now available or added in the future, available through the Wegmans Sites; the Materials available through ePS, and the selection and arrangement thereof; and Wegmans’ hardware, software and networks associated with making ePS available to you.
“Ideas” means ideas, concepts, feedback, and know-how that you make available in connection with the Wegmans Sites.
“make available” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available, including through any part of the Wegmans Sites administrated by third-party social media platforms (for example, YouTube, Twitter, Facebook, Pinterest, or Instagram) that allow interaction with the Wegmans Sites through the tools offered by such social media platforms.
“Materials” means Content that Wegmans Entities make available on or through the Wegmans Sites.
“Order” means an order placed on the Wegmans Sites to purchase Products.
all of which are incorporated into these Terms by reference.
“Wegmans App” means the official “Wegmans App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
“Wegmans” means Wegmans Food Markets, Inc. and its affiliates and subsidiaries. We also refer to Wegmans as “we,” “us” and “us.”
“Wegmans Entities” means Wegmans; its suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
“Wegmans Sites” means all or any portion (as may be applicable) of the Wegmans website located at www.wegmans.com; all other sites, microsites, mobile sites, services, applications, platforms and tools of Wegmans or where these Terms appear or are linked (including https://www.wegmans.com/mobile; https://catering.wegmans.com/; https://pharmacy.wegmans.com; https://www.wegmans.com/cake/; https://www.wegmans.com/service/shoppers-club/shoppers-club-for-business/); the Wegmans App; and all related functionality, services, including any text alert programs, and Content offered by or for Wegmans on or through them and the systems, servers, and networks used to make them available.
“You” or “your” refers to you, the user of any Wegmans Site.
In connection with the Wegmans Sites, you will not:
You will not use the Wegmans Sites or Wegmans’ name, logo, or brand to (a) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (b) use any meta tags or other hidden text or metadata utilizing a Wegmans trademark, logo, URL, or product name without Wegmans’ written consent.
You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
Submitting Content and Ideas. Wegmans provides functionality that enables users to make available Content and Ideas in connection with the Wegmans Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Wegmans Site. You represent that (a) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms, including as set forth below; and (b) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms. In other words, you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.
Wegmans’ Rights to Use Content and Ideas. You grant to Wegmans a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, unlimited, transferable, sublicensable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Wegmans is free to use any Ideas for any purpose. Wegmans may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Wegmans is, and will be, under no obligation (a) to maintain any Content or Idea in confidence; (b) to pay any compensation for any Content or Idea; or (c) to respond to any Content or Idea. You grant to Wegmans the right to use any name associated with any Content or Idea that you make available to Wegmans, although Wegmans has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea. You irrevocably waive any “moral rights” or other rights with respect to attrition of authorship or integrity or materials regarding Content that you may have under any applicable law.
Prohibited Content. You agree that you will not make available Content in connection with the Wegmans Sites that:
Wegmans will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Wegmans Sites, including to determine compliance with these Terms. Wegmans will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Wegmans Sites, for any reason, including violation of these Terms, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Wegmans for all claims resulting from any Content you make available.
Wegmans Entities may make available various Materials. The Materials are for your personal, educational, non-commercial and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Wegmans Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Wegmans Sites, we would appreciate it if you let us know by contacting us.
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE WEGMANS ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Wegmans Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Wegmans is not responsible for, and cannot guarantee the performance of, Products provided by third parties, including any Wegmans Entity (other than Wegmans Food Markets, Inc.), our advertisers, or other third parties to whose sites we link. Product packaging and material may contain more and/or different information than that provided on Wegmans Sites, including the Product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the Product before using or consuming the Product. For additional information about a Product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
By accepting these terms and conditions, you authorize Wegmans and its affiliates or service providers to deliver informational telephone calls or text messages to any telephone number you provide when placing a product order or registering for a service. Your cellular carrier may charge message and data rates for such messages.
Although Wegmans does require you to provide this consent as a condition to purchase goods, failure to provide consent may impact the functionality of certain services that are designed to use telephone and/or text messaging functionality to deliver information to you.
You may retract this authorization at any time by responding with the word “STOP” to any text message received regarding your grocery delivery or pick up order.
Pricing and promotions for Products may be different on the Wegmans Sites, in Wegmans stores and on Wegmans Apps. Pricing or availability errors may occur on the Wegmans Sites. Promotional codes are (a) limited in nature and may expire or be discontinued with or without notice; (b) void where prohibited by law; (c) not to be copied, sold, or otherwise transferred; (d) not redeemable for cash; and (e) subject to cancellation or change at any time for any reason without notice. We reserve the right in our sole discretion to impose conditions on the offering of any promotional code.
To access certain services or areas of the Wegmans Sites (“Restricted Portion”), you may be required to create an account (“Account”). If you choose to register for an Account, you agree to provide us with true, accurate, current and complete information about yourself and update us if there are changes to the information. To the fullest extent permissible by applicable law, you acknowledge and agree that Wegmans will have no liability associated with or arising from your failure to maintain accurate Account information, including your failure to receive important information and updates about the Wegmans Sites. If Wegmans has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, Wegmans may suspend or terminate your Account and refuse any and all current or future use of the Wegmans Sites by you. You may not transfer your Account to another user or entity.
If you create an Account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.
As a part of your Account registration, you are required to establish a username and a password. This data is used to authenticate you when you use the Restricted Portion. You are responsible for protecting the confidentiality of your username and password(s). In addition, if you enable “Stay signed in” on one or more device(s), you are responsible for protecting the safety of and access to such device(s). Wegmans is not responsible for any losses you incur as a result of unauthorized use of your Account. You agree to notify Wegmans immediately of any unauthorized use of your username or password, or if your device(s) on which you’ve enabled “Stay signed in” has been lost or stolen or otherwise suffered unauthorized access, or any other actual or potential security breach relating to your Account. Wegmans reserves the right to require you to change your Account password if Wegmans believes it is no longer secure.
If at any time you would like us to cancel your Account registration, please contact us.
You are responsible for use of your Account and for ensuring that use of or access to your Account and the Restricted Portion complies fully with these Terms.
If you use biometrics to access the Wegmans Sites on your device (for example, by using a fingerprint authentication method enabled by your device), your use of such biometrics is governed by the agreement between you and your device manufacturer. Wegmans does not receive any biometric data about you.
Wegmans reserves the right at any time, in its sole discretion, to terminate your Account, refuse you service or access to any Restricted Portion, and/or cancel Orders.
When you send emails or other electronic messages to us, including in connection with the Wegmans Sites, your Account or any Orders, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically.
Certain Products may be available for purchase via an Order on the Wegmans Sites, using ePS (see below).
Prior to accepting an Order, we may request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an Order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all applicable taxes.
Wegmans reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per Order for any reason. We will attempt to notify you should such limits be applied. Wegmans also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Wegmans for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
A breach of these Terms may result in cancellation of your Order.
You may use ePS to checkout for an Order, subject to the following payment terms. ePS are only available to individuals who are: (a) the legal age of majority in their jurisdiction, province or territory of residence; (b) able to access the Internet on a computer or other device; and (c) the cardholder or authorized user of one or more Eligible Cards (defined below), and in good standing with respect to their Eligible Card accounts.
ePS offers you (a) the ability to store account and other related information such as billing and shipping addresses (“Card Details”) for your credit and signature debit cards and other cards or payment methods that Wegmans has decided are eligible to be used with ePS (“Eligible Cards”) in your Account; and (b) the ability to use ePS as a method of checkout for an Order. If you choose to use ePS, you are expressly agreeing to storage by Wegmans, or a Wegmans Entity, of the Card Details you provide.
By using ePS, you (a) represent that you are authorized to use the Eligible Card that you provide in connection with any Order and that any payment information you provide is true, complete and accurate; and (b) authorize Wegmans to charge you for the Products using your Card Details.
You agree to keep all Card Details and other information, including your contact information, in your Account and/or used in connection with your Orders up-to-date so that we can complete your Orders and contact you as needed.
If your Order is canceled after your Eligible Card has been charged, we will issue a credit to your Eligible Card in the amount of the charge. We will attempt to contact you if all or any portion of your Order is canceled or if additional information is required to accept your Order.
Refunds or reversals of any Order completed using ePS are subject to our Store Policies.
You acknowledge and agree that the Card Details stored in your Account or provided through use of ePS are provided by you and contain personal financial information. You may only use cards in connection with ePS if the financial institution or other entity that issued the Eligible Card (each, an “Issuer”) regards you as the cardholder or authorized user and your name is shown on the card.
Neither Wegmans nor ePS is a bank or payment account and does not offer any credit to you. Any transaction that you effect using ePS will be reflected in the account which relates to the Eligible Card you use for the transaction. Payment of that account is solely a matter between you and the Issuer of the Eligible Card.
ePS may not be available to all Account holders or Eligible Card holders. Furthermore, Wegmans may, in its sole discretion, remove Eligible Cards from Accounts or prevent Eligible Cards from being enrolled in an Account, and Wegmans may also revise at any time the eligibility of specific or general credit, signature debit and other cards or payment methods that constitute Eligible Cards.
Access to ePS from any location where it is illegal or otherwise restricted is prohibited.
These Terms do not amend or otherwise modify any agreement with your Issuer in respect of an Eligible Card (“Cardholder Agreement”). In the event of any inconsistency between these Terms and any Cardholder Agreement, these Terms govern as to the relationship between you and Wegmans solely with respect to ePS, and your Cardholder Agreement with your Issuer governs the relationship between you and your Issuer. You are responsible for ensuring that your use of ePS complies with any Cardholder Agreement.
You are solely responsible for any interest, fees, charges or expenses imposed by the Issuer of any Eligible Cards you are using in connection with ePS and for any taxes or tax reporting obligations in connection with your use of ePS.
Wegmans does not endorse or sponsor, and is not responsible for, Issuers or operators of payment networks or digital wallets that you may use in connection with ePS.
WEGMANS ENTITIES ARE NOT RESPONSIBLE FOR: (A) YOUR USE OF OR INABILITY TO USE ePS FOR ANY REASON, INCLUDING REFUSAL OF YOUR ISSUER TO AUTHORIZE AN ePS TRANSACTION; (B) ANY DISPUTE BETWEEN YOU AND AN ISSUER; (C) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH ePS; (D) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS, DATA OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH ePS; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.
You acknowledge that goods sold on the Wegmans Sites and any services offered on the Wegmans Sites are not sold or shipped outside the USA.
The Wegmans Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights therein are owned or controlled by or licensed to Wegmans, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by Wegmans to use the Wegmans Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (a) retain all copyright, trademark, or other proprietary designations contained on all Materials; (b) do not modify or alter the Materials in any way; and (c) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms, and solely for so long as you are permitted by Wegmans to use the Wegmans Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Wegmans Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of these Terms, you must immediately cease using the Wegmans Apps and remove (that is, uninstall and delete) the Wegmans Apps from your mobile device.
No license, right, title, or interest in the Wegmans Sites or any Materials is transferred to you as a result of your use of the Wegmans Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Wegmans Sites. The Wegmans Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Wegmans Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Wegmans Sites and Materials is the exclusive property of Wegmans and is also protected by U.S. and international copyright laws.
WEGMANS, the WEGMANS.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Wegmans Sites are trademarks or trade dress of Wegmans in the U.S. and other countries. All other marks are the property of their respective companies.
Wegmans may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Wegmans Sites, temporarily or permanently, including the availability of any portion of the Wegmans Sites at any time with or without notice to you and you agree that Wegmans shall not be liable to you or to any third party as a result of taking any of these actions. Your continued use of the Wegmans Site after any changes, modifications or improvements have been made to any or all aspects of the Wegmans Site will be construed to be your acceptance of such changes, modifications or improvements, and the applicability of these Terms to the Wegmans Site with such changes, modifications or improvements.
THE WEGMANS SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEGMANS SITES, ARE PROVIDED BY WEGMANS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WEGMANS ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEGMANS SITES OR THE CONTENT, MATERIALS, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEGMANS SITES. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY WEGMANS TO YOU THROUGH THE WEGMANS SITES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE WEGMANS SITES IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEGMANS SITES, AND THE RESULTS AND PERFORMANCE THEREOF, AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEGMANS SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WEGMANS ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE WEGMANS SITES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE WEGMANS ENTITIES DISCLAIM ALL DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO WEGMANS ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER OF THE WEGMANS SITES. THIS SECTION CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WEGMANS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEGMANS SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A WEGMANS ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND THE DISCLAIMERS SET FORTH IN THESE TERMS (INCLUDING SECTION 19), TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WEGMANS ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF YOUR ACTUAL LOSS OR USD $100.
You agree to defend (at Wegmans’ option), indemnify, and hold the Wegmans Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Wegmans Sites or any breach by you of these Terms. Wegmans reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Wegmans if and as requested by Wegmans in the defense and settlement of such matter.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WEGMANS OR ANY WEGMANS ENTITY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WEGMANS AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
These Terms, your use of the Wegmans Sites, all Orders through the Wegmans Sites and all related matters, regardless of your location, are solely governed by and construed under the laws of the State of New York, without regard to conflicts of law principles.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your rights under U.S. copyright law, you (or your agent) may send to Wegmans a written notice by mail, e-mail or fax, requesting that Wegmans remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Wegmans a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:
Notices and counter-notices must be sent in writing to Wegmans’ DMCA agent as follows:
DMCA Agent, Legal Department
Mail: Wegmans Food Markets, Inc., 1500 Brooks Ave., Rochester, NY 14624
Email: [email protected]
Wegmans’ DMCA agent can also be reached at the following phone number:
1-800-WEGMANS, extension 8500-4760.
Wegmans Entities will not be liable for any failure to perform any obligations contained in these Terms due to, directly or indirectly, the failure of any equipment, transmission or delivery problems, or any industrial dispute, war, natural disaster, act of terrorism, explosion, act of God or any other event beyond our/their control.
These Terms are effective unless and until terminated by either you or Wegmans. You may terminate these Terms at any time, provided that you discontinue any further use of the Wegmans Sites. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Wegmans Sites, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Wegmans, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Wegmans Sites, as well as all copies of such Content, whether made under these Terms or otherwise. Any sections that by their nature should survive termination will survive any termination of these Terms.
These Terms represent the complete agreement and understanding between you and Wegmans and supersede all prior versions of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Wegmans. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of Wegmans to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Wegmans’ rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms) may be made via posting to the Wegmans Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions or comments, please contact us, or by mail at the following address: Wegmans Food Markets, Inc., Attn: Customer Care Center, 1500 Brooks Ave., Rochester, NY 14624.
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Last updated on May 14, 2019