for the Site, then these Mobile Application Terms shall control.
for the Site. If you do not agree to these Mobile Application Terms, do not use the Mobile Apps.
You agree that the Mobile Apps are provided on an "As Is" and "As Available" basis. We are not liable if you are not able to access or use a Mobile App.
"Just for U™" offers are excluded from any "double coupon" promotion or any other promotion that increases the value of a coupon above its face value. All other coupon policies apply to electronic coupons that are loaded to a Club Card. For more information, please view our Coupon Acceptance Policy
. In the event of a conflict between the terms of these Mobile Application Terms and the Coupon Acceptance Policy
, the terms of the Coupon Acceptance Policy
1. Ownership, License & Restrictions on Use.
The content, programs, tools, and applications provided in connection with the Mobile Apps are the intellectual property of Safeway and/or its third party vendors. Your use of the Mobile Apps does not grant you any rights, either intentionally or by implication, to any of the content, program, tool, or application provided by the Mobile Apps; or the names, images, pictures, logos and icons identifying Safeway and its third party vendors; or its third party vendors' products and services contained on the Mobile Apps. Your right to use of the content, programs, tools, and applications provided by the Mobile Apps is personal, non-exclusive, non-sublicensable, and non-transferable. Any copying, republication, or redistribution of the content, programs, tools, or applications provided by the Mobile Apps, including by caching, framing or any similar means, without the prior written consent of Safeway is strictly prohibited, except you may copy the Mobile Apps for limited backup purposes only, where appropriate. You may not create any derivative work of any program, tool, or application; or decompile, reverse engineer, or otherwise attempt to drive source code, underlying ideas, algorithms, structure, or organization of the program, tool, or application, except to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law.
2. Third Party Licenses.
Some Mobile Apps may contain third party content, programs, tools, and/or applications with their own license terms. To the extent the Mobile Apps include RedLaser SDK, the following additional terms apply:
Portions of the Mobile Apps © 2009-2012 eBay Inc. All rights reserved. The RedLaser Logo is owned by eBay Inc. and may be registered in the United States and other countries.
Portions of the RedLaser SDK product Copyright 2008 ZXing Authors.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at:
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and limitations under the License.
Safeway shall conclusively presume that online communications received from you through your use of the Mobile Apps and the registration process are accurate, complete, and authorized by you as received by Safeway. You agree not to contest the validity and binding legal effect of those communications.
On occasion, Safeway may need to contact you regarding your account or a significant business issue. These communications may be marked "Special service notification: Please read."
You must be age 18 or older, and have completed the registration process to utilize the Mobile Apps. Upon online registration, you will receive a user ID and password. Please keep them secret. You are entirely responsible for any use of the Safeway Online Shopping Services or Mobile Apps under your user ID and password. You must immediately notify Safeway of any unauthorized use of your user ID or any breach of security that becomes known to you.
5. Shopper Registration.
For all mobile applications that require registration or a login, you agree to complete the initial registration process according to Safeway requirements stated on the registration page, and to provide Safeway with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers.
6. Shopper Information Changes.
It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. You are also responsible for updating your registration information and your credit card information, as necessary, if you wish to utilize the Safeway Online Shopping Service.
7. Product Availability.
Not all products are available at all stores or at all times. You may see and load a "Just for U™" offer to your account and later discover that the item is sold out or not available at your store. Availability can only be determined by shopping at your local store.
8. Product Information.
Safeway will attempt to update Product nutritional and other Product information as and when changes come to the attention of Safeway. However, Safeway is not responsible for any inaccuracy, incompleteness, timeliness, or misstatement of any such information. You should read the Product information or contact the product manufacturer or distributor if you have questions or concerns.
9. Disclaimer of Warranty.
THE MOBILE APPS (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, PROGRAMS, TOOLS, AND APPLICATIONS RELATED THERETO) ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS AND SAFEWAY DOES NOT PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY BY YOU OF ANY MOBILE APPS. SAFEWAY MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY, OR THE TIMELENESS, OR SUFFICIENCY THEREOF, OF ANY PRODUCT INFORMATION PROVIDED BY THE MOBILE APPS OR ANY OTHER SAFEWAY WEB SITE. SAFEWAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS, THE MOBILE APPS OR OTHERWISE.
10. Limitation of Liability.
SAFEWAY SHALL NOT BE LIABLE FOR ANY ERRORS IN ANY CONTENT, PROGRAM, TOOL, OR APPLICATION, OR FOR ANY ACTION TAKEN IN RELIANCE THEREON. FURTHERMORE, SAFEWAY SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SAFEWAY. ANY LIABILITY OF SAFEWAY (INCLUDING ITS EMPLOYEES, AFFILIATES, AGENTS, AND THIRD PARTY VENDORS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SAFEWAY IN YOUR MOST RECENT USE OF THE MOBILE APPS IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.
11. Changes to Mobile Application Terms.
Safeway reserves the right to, from time to time, in Safeway's sole discretion, amend these Mobile Application Terms. You can determine the date these Mobile Application Terms were last amended and updated by referring to the modification date shown below. Any amendments to these Mobile Application Terms will apply after the applicable modification date. It is your responsibility to review these Mobile Application Terms from time to time to understand the extent of changes. Your continued use of the Mobile Apps constitutes your agreement to the then-current amended and updated Mobile Application Terms.
12. Mobile Application Terms Govern.
shall be the sole terms of the agreement between you and Safeway regarding your access and use of the Mobile Apps. All statements otherwise made on or in connection with the Mobile Apps, or otherwise, are intended only for your convenience and do not form and are not included in our agreement or the terms for your purchase.
13. Arbitration Agreement & Waiver of Certain Rights.
, (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Safeway will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Safeway from seeking action by federal, state, or local government agencies. You and Safeway also have the right to bring qualifying claims in small claims court. In addition, you and Safeway retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Mobile Application Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Mobile Application Terms.
Neither you nor Safeway may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Safeway's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of these Mobile Application Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Mobile Application Terms. This Section of these Mobile Application Terms will survive the termination of your relationship with Safeway.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SAFEWAY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Copyright© 2013 Safeway Inc. All rights reserved.