The pharmacy mobile application, "just for u" program and "Personalized Prices" ("collectively, the "Programs") are intended for the sole personal, noncommercial use of the Safeway Club Card-associated household. A violation of this policy may result in our taking action we deem appropriate, including without limitation, issuing a warning and suspending or terminating your access to and use of the Programs.
Safeway may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that Safeway intends to offer them in your location. Safeway controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations.
All content, including without limitation, drug and interaction information, provided in the Pharmacy or Wellness area of the Site ("Pharmacy Content"), is for educational purposes only. Such Pharmacy Content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such Pharmacy Content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug is safe for you. Furthermore, some Pharmacy Content comes from third parties and unless expressly stated, Safeway does not represent or guarantee that such Pharmacy Content is accurate, complete or timely. Consult your medical professional for guidance before using any prescription or over the counter drugs, and regarding the applicability of any opinions, research results, or recommendations with respect to any symptoms or medical condition.
The information and content pertaining to health and general wellness on this Site ("Health Information") is for informational purposes only. None of the Health Information is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on this Site. This Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk.
THIRD PARTY CONTENT
Any and all Content posted on the Site is owned by Safeway and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Safeway or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Safeway's name, logo or other trademarks for any purpose without the express written consent of Safeway. Any rights not expressly granted herein are reserved by Safeway.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, SAFEWAY IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, PHARMACY CONTENT, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT, AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT SAFEWAY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF SAFEWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF SAFEWAY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Safeway and its affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.
CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.
These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an "original" or "in writing" and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.