Terms
of Use
This web site ("e;Site"e;) is provided by Store2door Inc., together with its
affiliates and subsidiaries (collectively, "e;Store2door"e;) as a service to our
customers. The Site includes without limitation (a) services offered through
Store2door.us and other on-line services accessible via the Site ("e;Services"e;);
and (b) information such as product, program, pricing, marketing and other
valuable information and content such as data, text, photographs, graphics,
messages or other materials ("e;Content"e;). By placing an order through the Site or
using the Site in any other manner, you agree to follow and be bound by the
following terms and conditions concerning your use of the Site ("e;Terms"e;) and our
Privacy Policy.
By using
this site you agree to the terms of this Agreement (the “Agreement”) which shall
cover the terms of our deliveries to you and your use of our website(s)
(collectively the ``Site``). This Agreement is an agreement between you and
Store2door, Inc (the ``Company`` or ``Store2door``) that states the terms and
conditions under which you may use the Site and receive delivery from us. This
agreement is binding on you whether you purchase from us via the telephone, in
our stores, or via our website www.store2door.us.
Our
Delivery Service
We will
utilize commercially reasonable means to deliver to you at the time of your
choosing. You can modify an existing order up at any time until the order leaves
our store by calling your local store. Cancellation of orders after the order
has left our facility will result in a restocking fee equal to the sum of (A)
100% of the total dollar amount of your perishable items (B) the delivery fee
and (C) 25% of the total dollar amount of your non-perishable items. In any
case, the restocking fee shall be no less than $10.
Price
and Availability
.
From time to time products you order may be unavailable due to market conditions
beyond our control or to quality that is below our standards. If we are unable
to fulfill your entire order we will make every reasonable effort to contact you
prior to delivery. Once you complete checkout, your price is guaranteed unless
you placed an order for an item where we inadvertently listed the incorrect
price. In those circumstances, we reserve the right to cancel undelivered orders
for such incorrectly priced products, in which case you will not be charged or
pay any restocking fees.
Because we
sell certain items by the unit, instead of by weight or volume, weights, were
noted may be for estimation purposes only.
To receive
delivery, you must be present to receive your order from our driver.
In an
effort to meet the delivery time for all of our customers, our delivery
personnel cannot wait for an inspection of the items delivered. Also, we limit
our delivery area to ensure high quality service to people within our stated
delivery area. If you place a delivery for an address outside of our delivery
area we reserve the right to cancel your order (in which case a restocking fee
will apply). Your order will arrive with an invoice that will list all of the
items you have received and were billed for. If something is missing from your
order, please call your local store at which time we will do everything
reasonable in our power to ensure your satisfaction.
In the case
of bad weather, or unforeseen delivery complications, deliveries may become
delayed. We do not guarantee or stipulate that deliveries will be completed in
a specific time frame. Delivery times are subject to many things, including the
weather, traffic conditions and are in all cases made at our convenience.
References contained in our advertisements describing the nature of our delivery
service (e.g., “we deliver in about 30 minutes”), are for descriptive purposes
and should not be relied upon or be considered an inducement or advertisement of
any kind.
Product
information contained on the website or in our advertisements is offered as a
convenience and should not be deemed accurate. Information contained on the
website or in our advertisements should not be used by you to evaluate
ingredient information, nutritional values, or potential food allergies. The
Company assumes no responsibility for such information.
Our drivers
are allowed to accept tips. Customers are under no obligation to tip drivers but
have the option of doing so at their discretion.
Paymen
t.
We accept cash and credit/debit cards. When you place an online order we will
authorize your card for the total amount of your bill. We will submit the total
amount due to our processor, net of any changes, credits, returns and tips on
the next business day. In the event your card is declined we reserve the right
to collect funds for any uncollected transactions owed us and to charge $25 per
order should a payment made via credit card be declined. If you fail to pay any
fees or charges when due or if a redelivery fee or restocking fee is imposed, we
may charge such amount directly to the credit card identified in your Customer
Account Information and we may suspend or terminate your access to our Service.
You shall be responsible and liable for any fees, including attorneys` fees and
collection costs, that we may incur in our efforts to collect any unpaid
balances from you.
From time
to time, we may permit you to order and receive products, information, and
services from businesses that are not owned or operated by us. In such
instances, we act only as the link between you and such businesses. The
purchase, payment, warranty, guaranty, delivery, maintenance, and all other
matters concerning the merchandise, services, or information ordered or received
from such businesses are covered by their customer agreement and policies and
solely between you and such businesses. We make no representations or warranties
of any kind, express or implied, regarding the merchandise, services, or
information received from such third parties and the fact that we makes such
products, information, and services available should not be construed as an
endorsement of the businesses or the products, services, and information they
provide.
License
and Proprietary Rights
Copyright
and Ownership. All Site content, design, text, graphics, and interfaces; the
collection, selection, and arrangement thereof; and all software are the
property of, or duly licensed to, Store2door. Consent is granted to view all of
such things for the sole purpose of placing an order with us. You are not
authorized to save or collect any such information. Any other use of materials
on this Site, including modification, distribution, or reproduction is strictly
prohibited. You acknowledge that Store2door and/or third-party content providers
remain the owners of such material and that you do not acquire any of those
ownership rights by downloading copyrighted material. Stoer2door reserves the
right to revoke your use of the Site.
You may create a hypertext link to the home page of the Site, but all other
linking is prohibited without prior written consent from Store2door. You may not
use, frame or utilize framing techniques to enclose any Store2door trademark,
logo or other proprietary materials, including the images posted on the Site,
the Content of any text or the design of any page, or form contained on a page
without Store2door's express written consent.
Store2door makes no claim or representation regarding, and accepts no
responsibility or liability for, the quality, content, nature or reliability of
web sites accessible by hyperlink from the Site, or web sites linking to the
Site. Furthermore, these links do not imply endorsement by or affiliation with
any third party or any third party web site, products or services provided by
any third party.
Trademarks:
All
trademarks, service marks, product names, and company names or logos appearing
on the Site are the property of their respective owners and you do not acquire
any ownership rights in such marks, logos, or names by using this Site or our
service.
You hereby
represent that you are an adult (18 years or older) and have the power and
authority to enter into this Agreement and perform your obligations hereunder.
You will be responsible for providing proper identification at delivery for
tobacco, alcohol and credit card orders.
ID Number
and Passwords. Access to our Site is accomplished through the use of a user name
and a password that you select upon registration. You are solely responsible for
any authorized or unauthorized access to your account by any person. You agree
to bear all responsibility for the confidentiality of your password and for
charges incurred from use of our Site with your password. You agree to notify us
promptly of any unauthorized use of your password and you will remain liable for
any use of our service until you notify us of the unauthorized use of your
password.
Your
Account
. You are
responsible for, and agree to pay promptly, all charges to your account,
including applicable taxes and purchases by you or anyone you allow to use your
account and password to access the Site. You agree and accept responsibility for
keeping all your account information current, including address, payment
information, telephone number and e-mail address. You can update your
information in the Your Account area on our Web site or contact your local
store. You agree that you will not provide fraudulent information and that you
are solely responsible for any information you provide to us, and accept
responsibility for all activities that occur under your account or password and
for restricting access to your computer. You will comply with all laws
applicable to your activities on the Site and with this Agreement. Our secure
server encrypts your credit card information, among other things so that it
cannot be read as the information travels over the Internet. Once we receive
your credit card information, it is stored in our secure server. Store2door will
exercise commercially reasonable efforts to ensure that your credit card
information remains confidential, and is available only to personnel who have a
need to know such information. When our registration/order form asks users to
enter sensitive information (such as credit card number), that information is
encrypted and is protected with encryption software. Our Site encrypts your
credit card number prior to transmission over the Internet using secure socket
layer (SSL) encryption technology.
Purchase
of Alcoholic Beverages and Tobacco products
.
By law, purchasers of alcoholic beverages must be at least twenty-one (21) and
Tobacco products eighteen (18) years of age. You may not legally order any
alcoholic beverages or tobacco products unless you are at least twenty-one (21)
and eighteen (18), respectfully. Furthermore, you may not purchase alcoholic
beverages or tobacco products for anyone who is under the age . You must present
identification and proof of age at the time of delivery to receive alcoholic
beverages or tobacco products. We reserve the right to refuse service, terminate
accounts, remove alcoholic beverages and tobacco products, or cancel orders at
our sole discretion.
Privacy
Policy. Acceptable Use Policy
You are
solely responsible for any and all acts and omissions that occur under your
account or password, and you agree not to engage in unacceptable use of the our
service, site or systems. Among other things you agree not to: (a) disseminate
or transmit unsolicited messages, chain letters, or unsolicited commercial
e-mail; (b) disseminate or transmit material that, to a reasonable person, may
be abusive, obscene, pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics,
software, or other material that actually or potentially infringes the
copyright, trademark, patent, trade secret, or other intellectual property right
of any person; (d) create a false identity or otherwise attempt to mislead any
person as to the identity or origin of any communication; (e) export, re-export,
or permit downloading of any message or content in violation of any export or
import law, regulation, or restriction of the United States and its agencies and
authorities, or without all required approvals, licenses, or exemptions; (f)
interfere with, disrupt, or attempt to gain unauthorized access to other
accounts; (g) disseminate or transmit viruses, Trojan horses, or any other
malicious code or program; or (h) engage in any other activity deemed by us to
be in conflict with the spirit or intent of this Agreement.
In the
course of our business we may buy or sell business units, engage third parties
and agents, offer promotions or otherwise affiliate with other companies for the
purpose of enhancing our service or business (``Related Entities``). In such
case(s) your personal information may be shared with such Related Entities. We
will not otherwise sell or rent any personally identifiable personal
information. Nothing contained herein shall be deemed to prevent or limit the
sale of your personal information as a result of a merger, consolidation, sale
or other business combination.
Warranty
Disclaimer; Limitation of Liability; Indemnification
YOU
EXPRESSLY AGREE THAT USE OF OUR SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY
AT YOUR OWN RISK. OUR SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN
``AS IS,`` ``AS AVAILABLE`` BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE, THE SITE, OR ITS
CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH OUR SERVICE; WE DO NOT ADOPT ANY REPRESENTATION OR
WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR
PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE
AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS
OBTAINED THROUGH THE SITE OR THE SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS
PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL
COMPONENTS.
NEITHER THE
COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS
(COLLECTIVELY, ``STORE2DOOR PARTIES``) SHALL BE LIABLE FOR ANY DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT;
OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF,
OR THE INABILITY TO USE, THE SITE, STORE2DOOR SERVICE, OR THE INTERNET.
STORE2DOOR’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY
PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR
YOU TO DISCONTINUE YOUR USE OF OUR SERVICE AND TO TERMINATE THIS AGREEMENT. WE
RESERVE THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU
MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF
IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only.
You agree to defend, indemnify, and hold Store2door Parties
harmless from any and all suits, actions, legal or administrative proceedings,
claims, demands, damages, liabilities, and expenses, including attorneys fees
and costs, arising in connection with a violation of this Agreement by you or
through use of your account.
Miscellaneous
Termination.
This
Agreement is effective upon your acceptance as set forth herein and shall
continue in full force and effect until terminated. Store2door may suspend or
terminate this Agreement or Store2door Service or remove or disable access to
any portion of our service at any time for any reason with or without notice to
you. If you do not agree with the terms of this agreement you may terminate you
acceptance by emailing us at HQ@store2door.us and by no longer accessing our
website(s). Store2door reserves the right to collect fees and charges incurred
before you cancel your service. In addition, you are responsible for any charges
incurred to third-party vendors or content providers prior to your cancellation.
Notices
.
We may give notice to you of a change in this Agreement and any other matter
through a general posting on the Store2door Website, or other means determined
by the Company.
Entire
Agreement
. This
Agreement and the Privacy Policy referred to herein represent your entire
agreement with Store2door regarding the use of the service and the Site. You
agree that this Agreement is not intended to confer and does not confer any
rights or remedies upon any person other than you, Store2door, and Store2door
Parties. If any portion of this Agreement is held invalid or unenforceable, that
portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intention of the parties, and the remainder of
this Agreement shall remain in full force and effect. The failure of either
party to insist upon strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. This Agreement shall be
governed by the laws of the State of
California
without regard to its conflict of laws rules. You expressly agree that exclusive
jurisdiction for any claim or dispute with Store2door or relating in any way to
your use of the service or the Site resides in the federal and state courts of
California and you further expressly consent and agree to personal jurisdiction
by the state and federal courts sitting in the State of California in connection
with any such dispute, including any claim involving Store2door Parties. Any
cause of action by you must be instituted within one year after the claim or
cause of action has arisen, or be barred.
Amendmen
t.
Store2door may amend this Agreement at any time by posting the amended terms on
our Website. All amended terms shall automatically be effective at the time they
are initially posted on our Site. By accessing this Site after the effective
date of any such amendment, you agree to be bound by any such revisions and
should therefore periodically visit this page to determine the then current
Agreement to which you are bound.