Updated September 20, 2017
Your failure to follow the rules outlined in this Agreement, whether listed below or posted at various points on the Sites, may result in suspension or termination of your access to the Sites, without notice, in addition to all other remedies available to us.
We strive to provide an enjoyable online experience for our users. For this reason, we may monitor activity on the Sites to foster compliance with this Agreement. All users of the Sites hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Sites, or any portion thereof, will be monitored for accuracy or unacceptable use; (2) apparent statements of fact will be authenticated; or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement. In addition, you understand and agree that Stater Bros. may share information about you and your transactions with us with other companies to process your transactions, including, without limitation, fraud prevention, deliveries, and the application of promotions and offers.
We may at times offer promotions, discounts or coupons through the Sites (“Coupons”). All such Coupons are subject to our Coupon Policy which can be found by visiting http://www.staterbros.com/coupon-policy/. Our Coupon Policy is expressly incorporated into this Agreement by this reference.
We may at times require that you register and/or set up an account to use certain portions of the Sites. To do so, you may be provided, or required to choose, a password, user name and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Sites, if available.
If you register and/or set up an account on the Sites, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information or this Agreement to any third party without our written approval. Any attempt to do so will be null and void, of no force or effect, and shall be considered a material breach of this Agreement. You are solely responsible for all usage or activity on your account, including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Sites), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Sites, if available, or notify us by sending a notification to the attention of “Information Technology” via the information on the Sites’ “Contact Us” page or in writing to: Stater Bros. Corporate Office, 301 South Tippecanoe Ave., San Bernardino, CA 92408, Attention: Information Technology.
Stater Bros., its affiliates, officers, directors, consultants, agents and representatives (“Representatives”) shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge.
Use of the Site by You
Unless otherwise specified, the Sites are intended for your personal use only. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a message or other content when using the Sites. You may not provide to or post on or through the Sites any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising or commercial offers. You agree not to use any obscene, indecent or offensive language or to provide to or post on or through the Sites any graphics, text, photographs, images, video, audio or other material that is obscene, threatening, defamatory, abusive, harassing, racist, hateful, violent or invokes violence, infringes on intellectual property rights or otherwise injurious to third parties or objectionable or contains contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not repeat the same posting multiple times in a day or week. You may not provide to or post on or through the Sites any graphics, text, photographs, images, video, audio or other material that invades anyone’s privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Sites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Sites or their associated software, hardware or servers in any way, and you agree not to impede or interfere with other users’ use of the Sites. Other than connecting to our servers by http requests using a web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Sites or otherwise.
Comments by Others Are Not Endorsed by Us
We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, advertisements, opinions or statements of third parties contained in the Sites. Any information or material placed online are the views and responsibility of those who post or create the statements and do not necessarily represent our views or those of our third-party providers. You agree that we and our third-party providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including, without limitation, material that violates this Agreement.
Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. THE CONTENT, MATERIAL AND ANY INFORMATION OR SERVICES PROVIDED ON THE SITES ARE PROVIDED “AS IS,” AND WITH ALL FAULTS. STATER BROS., AND ITS REPRESENTATIVES AND THIRD PARTY PROVIDERS, HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED AT THE SITES. STATER BROS., AND ITS REPRESENTATIVES AND THIRD PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITES. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES OR ANY OF OUR PRODUCTS OR SERVICES.
Neither Stater Bros., nor its Representatives or third party providers, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever of any kind or nature, allegedly or actually sustained arising out of or relating to this Agreement, the use of the Sites or any other website linked to or available through the Sites, the sale or purchase of any products or services, or your access or inability to access the Sites. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Stater Bros. is notified in advance of the potential for any such damages. Furthermore, this limitation of liability shall apply regardless of whether damages arise out of or are related to breach of contract, tort or any other legal theory or form of action.
Stater Bros. does not make any representations or warranties about any non-affiliated advertisers that may advertise on the Sites, or any website you may access through the Sites. Any such advertiser or website is independent from Stater Bros. and Stater Bros. has no control over, or responsibility with respect to, the information provided or activities undertaken by any such advertiser or website. Further, a link between the Sites and another website does not mean that Stater Bros. endorses that other website. You need to make your own independent decisions regarding your interactions or communications with any other website. Please refer to web address in our web browser address bar to determine whether you on one of our Sites or a third-party website. Third-party websites include but are not limited to that of Instacart, Upromise, and SavingStar.
YOU HEREBY AGREE TO RELEASE STATER BROS., ITS REPRESENTATIVES AND THIRD-PARTY PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF, IN ANY WAY CONNECTED WITH OR RELATED TO YOUR USE OF THE SITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify, defend and hold harmless Stater Bros. and its affiliates, employees, agents, representatives and third party providers from any and all claims, liabilities, losses, damages and/or costs (including reasonable attorneys’ fees and costs) arising from or related to your acts or omissions, including, without limitation: (1) your submissions to the Sites; (2) your access to or use of the Sites; (3) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; (4) your, or a third party user of your account’s, unauthorized use of material obtained through the Sites; and (5) your breach of this Agreement.
Termination or Suspension of Access to the Site
Stater Bros. has the right to terminate or suspend your ability to access the Sites or any portion thereof, for any or no reason, with or without notice.
Stater Bros. respects the intellectual property of others, and we require our users to do the same. When accessing the Sites, you agree to obey all applicable laws and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using any Registration Information belonging to you. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
All content included on the Sites (“Site Content”), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the exclusive property of Stater Bros. or its content suppliers and protected by state, national, and international copyright laws.
StaterBros.com and other marks indicated on our website are registered trademarks of Stater Bros. (“Trademarks”). Our Trademarks also include the trade dress represented in the graphics, logos, page headers, button icons, scripts and service names on the Sites. Our Trademarks may not be used in connection with any product or service that is not expressly authorized by Stater Bros., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stater Bros. All other trademarks not owned by Stater Bros. that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Stater Bros.
Use of Our Intellectual Property
The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion or other use or change by you, directly or indirectly, of any Site Content or Trademarks, including, but not limited to, the removal or alteration of advertising, is strictly prohibited.
You may not, in any way, make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Sites, including, without limitation, the Site Content and Trademarks, except as expressly permitted by the US Copyright Act or Trademark Act or permitted in writing by this Agreement or Stater Bros.
Except as expressly authorized, the use or misuse of any and all Site Content and Trademarks, including, without limitation, trade names, trade dress, logos, images, graphics or content from the Sites, is strictly prohibited and nothing herein should be understood as granting you a license thereto.
Reviews, Comments, Communications, and Other Content
If you submit material to our Sites, you grant Stater Bros., and its affiliates, a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant Stater Bros. the right to use your name in connection with content you submit to our Sites. You represent and warrant that: you own or otherwise control all of the rights to the content that you submit; the content is accurate; use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will defend and indemnify Stater Bros., and its affiliates, for all claims resulting from content you supply. Stater Bros. has the right but not the obligation to monitor and edit or remove any activity or content. Stater Bros. takes no responsibility and assumes no liability for any content submitted by you or any third party.
Stater Bros. does not want to receive confidential, proprietary, or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Stater Bros. will be deemed non-confidential.
The following terms and conditions govern your use of mobile programs offered through the Sites or by Stater Bros. (“Program”), so please read them carefully. Your use of any aspect of the Program will constitute your agreement to comply with the terms and conditions of this Agreement.
If you cannot agree with these terms and conditions, please do not use the Program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to the terms and conditions of this Agreement.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies. We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time, without notice to you, and to require the immediate cessation of any specific use of the Program.
Your carrier’s standard messaging or data rates apply to all messages initiated from, or data transmitted by, the Site to or from your cell phone. All charges are billed by and payable to your mobile service provider. You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messaging or data to or from the cell phone of any other person or entity.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
You agree not to modify the format or branding of the content provided in the Program (“Program Content”) or to add any materials, including any advertisements or other promotional content, to such Program Content. The Program Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Program Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Program Content or the Program except as expressly provided for in this Agreement.
We provide the Program “AS-IS” and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
The Site is controlled and operated from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Sites should not be construed as Stater Bros. purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Any action arising out of or relating to this Agreement or to its breach shall be brought in any federal or state court sitting in San Bernardino County, California, and you agree to submit to the exclusive jurisdiction of the federal and state courts in San Bernardino County, California.
If, for whatever reason, a court of competent jurisdiction finds any term or condition this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT. BY USING OR ACCESSING THE SITES OR SERVICES PROVIDED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME BY STATER BROS. IN ITS SOLE DISCRETION, AND AGREE TO BE BOUND BY IT. YOU AGREE THAT, BY USING THE SITE AND SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE, cease all use of the Sites and the services provided therein.
Stater Bros. Markets, 301 S. Tippecanoe Avenue, San Bernardino, CA 92408, Attention: Information Technology.