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Terms and Conditions

Introduction

Welcome to the website for Key Food Stores Co-Operative, Inc. (“Key Food”). These Terms are a contract between you and all Key Food companies, including Key Food subsidiaries and affiliates (“Key Food,” “Company,” “We,” “Us,” or “Our”) with regard to the access and use of Our website www.keyfood.com and its component pages, any other website hosted by Key Food, and any application, product or service made available by Key Food (collectively, “Site”). The Site is made available to you pursuant to these Terms. Please read these Terms fully and carefully before accessing and using the Site.
If you do not agree to these Terms and Our Privacy Policy, you should immediately discontinue use of the Site and the products and services enabled by the Site.

1. Terms of Use.

a) Acceptance. By accessing and using the Site, you accept and agree to be legally bound by these Terms and all prospective amendments to these Terms, including Our Privacy Policy. This agreement is made by you just as if it had been made in writing. If you do not agree to these Terms, do not use the Site or any of the products and services enabled by the Site.

b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to the Site constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Site. Please review the Terms periodically so you are aware of any amendments.

c) Additional Terms. Although you are always bound by these Terms and Our Privacy Policy, in using certain features, products, or services you may be bound by and subject to additional terms applicable to those features, products, or services, including without limitation Our Pricing Policy and Our Returns and Refund Policy. You may review the terms and conditions of these policies by clicking on the link provided, or by visiting any of Our stores, checking elsewhere on this Site, or contacting Us through the methods described below. You agree that you will comply with all additional terms and conditions, and that you will comply with any and all laws and regulations applicable to your purchase or use of any Key Food product or service. Any and all additional terms and conditions will not change or replace these Terms regarding use of the Site, unless expressly stated. Any and all additional terms and conditions are hereby incorporated within these Terms.

d) Capacity. The Site is a general audience site for adults age 18 or over, and is intended for use by individuals in the United States. By using this Site, you represent that you are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that you are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract. Key Food will not sell products that are subject to age restrictions to individuals who do not meet the minimum age requirements. At this time, alcoholic beverages and tobacco products are not available for sale on this Site and can only be purchased in Our stores. You must present an acceptable government-issued identification document with proof of age at the time of purchase. We reserve the right to refuse service if you are unable to provide proof of age, are visibly intoxicated, or otherwise fail to comply with Our alcoholic beverage or tobacco policies.

2. General Use.

a) Site Features. The Site contains certain features and functionality, including the ability to receive content. We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered at any part on the Site. This includes without limitation any features regarding Our products and services and contacting Us. Key Food strives to ensure that all content on the Site, including product, availability, and price information, is accurate, complete, and current, but Key Food does not warrant the accuracy or completeness of the content made available on the Site, or the availability of all products and services offered on the Site. The colors you see on the Site may depend on the device you are using to view the Site. Information on the Site may contain typographical or other human errors and may not be complete or current despite Our efforts. We will attempt to address any inaccurate or incomplete content after We are made aware of it. All weights and sizes may be approximate. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition. The Site is presented on an “AS IS” basis.

b) Eligibility. THE SITE IS INTENDED FOR USE ONLY BY INDIVIDUALS AGE 18 OR OVER LOCATED IN THE UNITED STATES. IF YOU ARE A PERSON OUTSIDE THE UNITED STATES, BY ACCESSING AND USING THE SITE, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS. THE SITE IS NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE SITE BY THE COMPANY. IN USING THE SITE, YOU REPRESENT THAT YOU ARE A PERSON WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE SITE. PERSONS CHOOSING TO ACCESS THE SITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, AND ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.

c) Use. The Site and its contents are for your personal use only. Key Food grants you a limited license to access and make personal use of the Site. This license does not include (i) any resale or commercial use of the products or services offered on the Site or the content made available through the Site; (ii) any derivative use of the Site or the content made available through the Site; (iii) any downloading or copying of content or account information for the benefit of a third party; or (iv) any use of data mining, scraping, spiders, robots, or similar data gathering or extraction tools. You may not use any meta tags or any other “hidden text” utilizing Key Food’s name or trademarks without the express written consent of Key Food. Except as explicitly permitted by these Terms, no content made available through the Site may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, modified, or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling, or disassembling any software code included in the Site. You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site.

d) Electronic Communications. When you contact Us through the Site, create a user account, or provide your e-mail address to Us for any reason, you are consenting to receive communications from Us electronically. We will communicate and transact with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish, at any time, to opt out of receiving electronic communications from Us, you can do so by logging into your account and changing your profile settings or by clicking the “Unsubscribe” link included with such electronic communications.

e) Text Communications. To receive SMS, MMS, or text messages (“Text Communications”) from Key Food, including messages relating to the delivery of orders you place on the Site, you must provide a mobile phone number and agree to these terms and conditions. We will send you a text message requesting that you affirm your choice to receive Text Communications, and you must respond to that message to verify your mobile phone number before you can begin receiving Text Communications. By affirming your choice to receive Text Communications, you acknowledge and agree that (i) We will send Text Communications to the number you provide and anyone with access to that mobile phone or carrier account will be able to see any such Text Communications; and (ii) you are the subscriber for the number you provide and will inform Us if you are no longer the subscriber. After you opt in to receiving Text Communications, message frequency will vary. Message and data rates apply. You can opt out of receiving Text Communications at any time by texting “STOP” to the number you receive in Text Communications.

f) Reviews, Comments, Communications, and Other Content. If you post content or submit material within the Site (a “Submission”), and unless We indicate otherwise, you grant Key Food a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, and modify, such content throughout the world in any media. You also grant Key Food the right to use any name or likeness that you submit in connection with such content if We choose. You represent and warrant that: (i) you own or otherwise control all the rights in any Submission you submit, and (ii) the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You acknowledge and agree that you will indemnify Key Food for all claims resulting from the content you post or submit. Key Food has the right but not the obligation to monitor and edit or remove any activity or content. Key Food takes no responsibility and assumes no liability for any content posted by you or any third party.

Do not send Us any Submission that includes information you wish to remain confidential. Your Submission may be made publicly available and Key Food is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITE, YOU DO SO AT YOUR OWN RISK.

g) Unavailability. Your access to the Site may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of your access to the Site, or any of the consequences of such interruptions.

3. Termination; Modification.

Without any further notice and at any time, you understand and agree that Key Food may terminate, cancel, deactivate, and/or suspend your access to the Site. By terminating your access or use, Key Food does not waive or alter any other right or relief to which it may be entitled at law or in equity. If Key Food terminates or suspends your access to the Site, your right to use the Site will immediately cease and you must discontinue use of the Site by all means and methods. Key Food reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. Key Food reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Site. You understand, acknowledge, and agree that your sole and exclusive right and remedy regarding the termination or modification of your access to and use of the Site, is to stop using the Site.

4. Privacy.

a) Privacy Policy. Your privacy is important to Us. By using this Site, you agree to these Terms as well as to the collection transfer, processing, usage, sharing, and storage of your personal and non-personal information consistent with the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.

b) HIPAA. Key Food does not request, collect, or use customers’ protected health information. You must exercise caution when sharing information with Key Food to avoid inadvertently disclosing your health information.

5. Monitoring.

Key Food may, but has no obligation to, monitor the use by you and other users of the Site. During monitoring, any information relating to any user or their respective activities on the Site may be examined, recorded, copied, and used in accordance with these Terms and Our Privacy Policy. Furthermore, Key Food reserves the right at all times (i) to disclose any information provided at any portion of the Site as set forth in Our Privacy Policy, including without limitation to satisfy any law, regulation, or governmental request, and (ii) to refuse to transmit, or to remove, any information or materials, in whole or in part, that Key Food in its sole discretion, finds objectionable or in violation of these Terms or Our Privacy Policy.

6. Conduct and Acceptable Use.

a) You are responsible for the content of your communications and representations through the Site, including those sent to Us through the Site from Our contact forms.

b) We may require, at any time, proof that you are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating your access to the Site or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Site, you represent the following:

i. You will not interfere with any other person using or enjoying the Site;

ii. You will not use the Site to threaten, abuse, harass, or invade the privacy of any person;

iii. Any content or materials (including through Our contact forms) you submit to Us will be appropriate and lawful;

iv. You will not damage Our Site or Our servers;

v. You will not attempt to gain unauthorized access to computer systems or networks connected to the Site or use the Site in any way for an inappropriate or unlawful purpose;

vi. You will not access data not intended for you or log onto a server or an account that you are not authorized to use;

vii. You will not circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Site;

viii. You will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy, or limit the functionality or operation of the Site;

ix. You will not impersonate, falsely state, or otherwise misrepresent your identity in any way while using the Site (including through Our contact forms); and

x. You will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer); and

xi. You will not use the Site, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.

Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of your access to the Site.

7. Creating an Account.

You may create an account to use certain features or functionality of the Site, including online purchases. You are not permitted to share, sell, distribute, or otherwise transfer your Account or allow your login credentials to be used by any other individual. It is your responsibility to keep your Account and password (including any related security questions and answers) confidential, and to ensure that you restrict access to any device you use to access your Account. You are solely responsible for any activities or actions taken under your Account, including purchases, regardless of whether you authorized such activities or actions. You agree to notify Us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with this section.

You represent and warrant that any information you provide to Us is accurate, current, and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to Us is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate your use of the Site.

8. Ownership; Proprietary Rights.

All Site content and materials including without limitation text, photographs, illustrations, images, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Key Food or the party credited as the provider or owner of the Intellectual Property.

The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Key Food and protected by United States and international copyright laws. All software used to provide any service on the Site is the property of Key Food or its software suppliers and protected by United States and international copyright laws. In connection with your use of the Site, Key Food grants you a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Site’s content for your personal use. You agree not to modify or delete any copyright, trademark or other proprietary notice that appears therein. Key Food may revoke this license at any time for any or no reason. Except as expressly authorized by Key Food, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Site content and materials.

Key Food’s trademarks and trade dress may not be used in connection with any product or service that is not owned or distributed by Key Food in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Key Food. All other trademarks not owned by Key Food that appear within the Site are the property of their respective owners, who may or may not be affiliated with Key Food.

9. Third-Party Sites, Products & Services; Links.

The Site may contain links to third party websites (“Third-Party Sites”) that are not owned, controlled, or operated by Key Food.

THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES OR THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US AND NEITHER THESE TERMS OF USE NOR OUR PRIVACY POLICY APPLY TO SUCH THIRD-PARTY SITES. ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE OPERATION OR CONTENTS OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY KEY FOOD. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY SITES. YOU ARE ENCOURAGED TO REVIEW THE AGREEMENTS AND POLICIES FOR ANY WEBSITE YOU CHOOSE TO ACCESS AND CONFIRM THAT THE TERMS ARE ACCEPTABLE TO YOU PRIOR TO YOUR USE.

10. Disclaimer; No Warranties; Limitation on Liability and Damages.

a) ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INGREDIENT, NUTRITIONAL OR PROPER USAGE INFORMATION THAN THE INFORMATION DISPLAYED WITHIN THE SITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE SITE (E.G., PRODUCT RECALLS, RECIPES, HEALTH & WELLNESS, ETC.). YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN THE SITE AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING OR CONSUMING A PRODUCT OR USING A SERVICE OFFERED ON THE SITE. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A SPECIFIC PRODUCT DISPLAYED ON THE SITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE SITE, YOU SHOULD CONTACT THE PRODUCT MANUFACTURER DIRECTLY. ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE FOR GENERAL REFERENCE PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST OR OTHER LICENSED HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION PRESENTED ON THE SITE FOR SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM. KEY FOOD ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT OR SERVICE OFFERED ON THE SITE.

b) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH e) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OF THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

c) YYOU ALSO SPECIFICALLY AGREE THAT KEY FOOD IS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT KEY FOOD AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR MAY DISCONTINUE ANY PART OF THE SITE AT ANY TIME.

d) ALSO SUBJECT TO PARAGRAPH e) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF $100 OR THE PURCHASE PRICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

e) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

11. Placing Orders Through the Site.

a) Product Availability. The availability, product packaging, quality, quantity, price, discounts, charges, and fees for any product, service, or program found on the Site are subject to change at any time without notice. Key Food may take any or all of the following actions at any time, with or without notice: (1) limiting the availability of any product, service, or program; (2) discontinuing any product, service, or program; (3) restricting any purchase; (4) cancelling any purchase; or (5) refusing any order. Products may not be available at all Key Food stores at all times. Some products may be subject to additional terms, conditions, policies, and disclosures. If you order a product online that is out of stock, We will, in most cases, automatically substitute a similar item. If you would prefer not to permit substitutions or desire to be contacted to approve substitutions, you can change your substitution preferences in the order checkout process prior to placing the order. Key Food may, in its sole discretion and with or without notice, limit your order or the quantity of a particular product that you may order.

b) Pricing. The price of the items you order will be those in effect on the date you place your order. Prices are subject to change at any time. Prices are in U.S. dollars and do not include applicable taxes, if any. Prices offered on the Site may not be the same as prices available in Key Food stores, and no Key Food store is obligated to honor or match any price offered on the Site or on any other site or service. Promotional prices and discounts available on the Site may not be available in Key Food stores, and promotional prices and discounts available in Key Food stores may not be available on the Site. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Key Food has the right to cancel any order for products or services listed at an incorrect price due to any error, whether or not the order has been confirmed. Key Food will provide notice to you before cancelling any such order.

c) Promotion Codes. Promotion Codes are only valid on orders placed via the Site. They cannot be used for purchases in Key Food stores. Promotion codes cannot be used after their expiration date. If the total discount value of a promotion code exceeds the value of your order, We may adjust the promotion code. Key Food has the right to withdraw or cancel any promotion code, in whole or in part, at any time. If We suspect that a promotion code is being used fraudulently or illegally, We have the right to reject or cancel that code and any order, transaction, or purchase using that promotion code. You agree that if a promotion code is rejected or cancelled, you will have no claim against Key Food. Key Food is not liable for any financial loss arising out of your inability to use a promotion code for any reason.

d) Purchase Limits. Key Food may, in its sole discretion, establish a spending limit for your account. Your payment card issuer may also establish spending limits that affect your right to place orders through the Site. You should consult the cardholder agreement between you and your payment card issuer to determine what limits, if any, exist.

e) Updating or Cancelling an Order. After you place an order it will be available in your Order History with an order status. Any order in “RECEIVED” status may be updated or canceled by selecting “ADD/REMOVE ITEMS” or “CANCEL ORDER” on the Order Details page. When an order is modified in “RECEIVED” status, the prices of all items in the order will be adjusted to the prices in effect at the time of the update. There is no restocking or cancellation fee charged for orders that are modified or cancelled in “RECEIVED” status.

Once an order is designated as “IN PROGRESS” of fulfillment, no modification or cancellation can be processed online, and any further action with respect to the order can only be completed, if it is possible, by contacting Customer Service at your selected store location. In addition, if you change your desired delivery or pickup date of an “IN PROGRESS” order, the items in your order may no longer be available on the new date. When an order is modified or cancelled, or the pickup/ delivery date changed, and the order is in “IN PROGRESS” status, a restocking fee may be charged as set forth in paragraph (j) below.

f) Variable Weight Items. For items that We price per pound/ounce, We will estimate the weight of such items in your order and the total cost for such item in your shopping cart will be based on the estimated weight. The final total cost of such items will not be determined until we have weighed and fulfilled your order and will be reflected on the order history online once the order is “COMPLETE”, as well as on the final emailed receipt that is sent at the time your completed order was completed.

g) Credit and Debit Cards; Billing and Payments. You must provide a valid credit or debit card to order products through the Site. Currently, We cannot process Electronic Benefits Transfers (EBT) through the Site. You authorize Key Food to charge your credit or debit card for all purchases made through your account on the Site, plus applicable taxes, fees, and other charges (including sales tax, bottle deposit fee, service fee, delivery charge, and any optional tip). You represent that you have the legal right to use any credit or debit card you provide, and you agree to pay for any order through the Site placed by you or anyone using your account regardless of whether you authorized that person’s activities or actions.

Before fulfilling your order, we will request credit or debit card temporary authorization of payment for greater than your estimated total to account for possible updates to your order and estimated total cost of variable weight items. For temporary authorization of your payment, your credit or debit card will be validated and must have sufficient available funds to complete the entire transaction, including any delivery charges and other fees and charges, or the creation of the order may not be approved or processed, and the items will remain in your shopping cart. Once approved, Key Food will accept the order for shopping and pickup or delivery. The final total cost of your order will be determined after the final quantity of items and final weight of variable weight items sold by the pound/ounce is completed. At that time, the final charge will made to your credit or debit card. In the event that you have an unpaid balance, or you fail to pay any fees or charges when they are due, We may charge the amount due to the credit or debit card you provided. You are responsible for any fees, including attorneys’ fees and collection costs, that We may incur in Our efforts to collect any unpaid balances from you.

i) Reservation of Rights. When you place an order through the Site, it will be subject to Key Food’s acceptance. Key Food may require verification of information before accepting or fulfilling any order. An order confirmation does not indicate that Key Food has accepted your order. At any time after receiving your order, Key Food may accept or decline it for any or no reason and without liability to you or anyone else. If Key Food cancels an order for which your method of payment has already been charged, Key Food will issue a refund to you. All returns and refunds for orders placed on the Site are subject to Key Food’s Return and Refund Policy.

j) Delivery and Pickup Terms. Each Key Food store location may offer Pickup Orders only or may offer the option for either Pickup Orders or Delivery of Orders. If you choose the delivery option, Key Food will deliver your order to the delivery address you provide at checkout. We will verify your billing address and delivery address at checkout. All deliveries are expected to be received by you or on your behalf at the delivery address, unless at the time of check-out you provide delivery instructions requesting unattended (contactless) delivery. We will conclusively presume that anyone at the delivery address who receives and accepts the delivery is authorized to do so, regardless of whether you authorized that person’s actions or activities. In the case of unattended (contactless) deliveries, the delivery person will be directed to record via photo for our record purposes the delivery of the order at the delivery address provided at checkout. If no one is at the delivery address at the specified time nor any delivery instructions provided for unattended (contactless) delivery or otherwise, We will not deliver your order, and you may be charged a restocking fee. If Key Food misses a delivery or pickup time, Key Food agrees only to complete the delivery or pickup at a later agreed time at no additional charge.

If you choose to pick up your order at one of Our stores, you will select a time frame at check-out, and your order will be available for pickup during that time frame. If you do not pick up your order during the selected time frame, or if you cancel your order after it has been shopped and/or transported, you may be charged a restocking fee.

You are responsible for properly storing your items promptly after delivery or pickup. Key Food cannot guarantee the quality of items that are not properly stored promptly after pickup or delivery.

12. Indemnification; Hold Harmless.

You agree to indemnify and hold Key Food, its employees, officers, directors, investors, agents, assignees, affiliates, partners, subsidiaries, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Key Food harmless from all claims, liabilities, losses, damages, costs and expenses (including without limitation, attorneys’ fees and expenses, and direct, incidental, consequential, exemplary and indirect damages) arising out of, resulting from or relating to your use of the Site, or your breach or alleged breach of these Terms. Key Food reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

13. Dispute Resolution.

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this agreement shall lie exclusively with the state or federal courts within New York. You agree that neither you, nor your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

14. Assignment.

You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of Key Food. Key Food may assign all or any part of its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.

15. Severability.

If any provision of these Terms, including Our Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provision(s) had never been a part of these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

16. Survivability.

Sections 4 (Privacy), 8 (Ownership; Proprietary Rights), 12 (Indemnification; Hold Harmless), 13 (Dispute Resolution), 14 (Assignment), 15 (Severability), 17 (Headings), 19 (No Waiver), 20 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 21 (Digital Millennium Copyright Act) shall survive any termination of these Terms.

17. Headings.

All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions set forth herein.

18. Entire Agreement.

These Terms, including Our Privacy Policy, represent the entire agreement between the Company and you regarding the use of the Site. These Terms cancel and supersede all prior understandings between the Company and you regarding the rights and obligations set forth herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.

19. No Waiver.

NO WAIVER OF ANY OF THESE TERMS BY KEY FOOD IS BINDING UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF KEY FOOD AUTHORIZED TO AGREE TO SUCH WAIVER. IF THE COMPANY WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES OF THE SAME NATURE OR OF OTHER PROVISIONS OF THE TERMS AND WILL IN NO MANNER AFFECT THE RIGHT OF THE COMPANY TO ENFORCE ALL TERMS AT A LATER TIME.

20. Children’s Online Privacy Protection Act (“COPPA”) Notification.

Our Site is not designed or intended for use by persons under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

21. Digital Millennium Copyright Act.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site should be promptly sent in the form of written communication to Key Food, 1200 South Avenue, Suite 103, Staten Island, NY 10314, or notices@keyfood.com. All claims must include the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or to have access disabled, and information reasonably sufficient to permit the material to be located on the Site;

d) Contact information for the complaining party, including full name, postal address, telephone number, and if available, an email address at which the complaining party may be contacted;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

20. Contact Us.

If you have any questions about these Terms, including Our Privacy Policy, please contact us at:

Email:

Customer.service@keyfood.com

Telephone:

(718) 370-4200 x. 400

Address

Key Food Stores Co-Operative, Inc.
100 Matawan Road
Suite 100
Matawan, NJ 07747

 

Last Updated: March 22, 2021