These Terms and Conditions (the “Terms”) apply to any and all websites, applications, platforms, services, and programs that are owned or operated by Martin’s Super Markets, Inc., or its parent companies, subsidiary companies, sister companies, affiliated companies, and related companies (collectively, “Martin’s”), including, without limitation, (a) the websites that are available at martins-supermarkets.com, martinsgroceriestogo.com, and partiesbymartins.com; (b) the Martin’s mobile application; and (c) any and all other websites, applications, platforms, services, and programs that make reference to, or contain a link to, these Terms (collectively, the “Sites”).
Applicability of Terms.
Please read these Terms carefully before using the Sites. Your use of the Sites in any manner binds you to these Terms and constitutes your agreement to abide by and follow these Terms. These Terms shall be effective unless and until altered, modified, amended, or terminated by Martin’s. If you do not agree with any of these Terms, you must not use the Sites.
By using the Sites, you certify that (a) you are 18 years of age or older, or (b) you are at least 13 years of age and will only use the Sites under the supervision of a parent or legal guardian who agrees to, and shall be, be bound by these Terms. If you are under 13 years of age, you are not permitted to use the Sites.
Please note that Martin’s offers certain products, services, and promotional programs, that may be governed by additional terms, conditions, and policies (e.g. Advantage Card Program, Text Club, Cooking School, Gift Cards, Pharmacy, or Floral Delivery), and if you use such products, services, or promotional programs, you will also be subject to any additional terms, conditions, or policies that apply to such products, services, or promotional programs.
In the event of any inconsistency or conflict between these Terms and any other terms, conditions, or policies of Martin’s, the more specific terms, conditions, or policies shall apply.
Copyrights, Trademarks, Intellectual Property, and Content of Sites.
All of the content on the Sites, whether visual or audio in nature, including, without limitation, text, images, photos, videos, graphics, illustrations, logos, designs, page headers, page footers, audio recordings, and video recordings (collectively, the “Content”), is owned by Martin’s or third parties who have licensed the Content to Martin’s. In addition, the compilation, arrangement, display, organization, collection, and assembly of the Content on the Sites is the exclusive property of Martin’s and is protected by copyright, trademark, intellectual property, and other state, federal, and international laws. Accordingly, Martin’s and its licensors expressly reserve all rights, including, without limitation, copyright, trademark, and intellectual property rights, in and to the Content.
Also, the Martin’s names and logos, and all other product and service names, design marks, and slogans of Martin’s (collectively, the “Marks”), are the trademarks or service marks of Martin’s, and Martin’s reserves all rights in and to such Marks.
The Sites and the Content are made available for your personal and non-commercial use only, and you are expressly prohibited from using the Sites, the Content, or the Marks in any other manner or for any other purpose. In addition, you are expressly prohibited from copying, reproducing, downloading, republishing, distributing, displaying, posting, transmitting, disseminating, or creating derivative works of or from the Content or the Marks, except (a) as expressly permitted under these Terms; or (b) as expressly approved in advance, and in writing, by Martin’s or the owner of the Content at issue. In the event of such written consent, however, you shall acquire no right, title, or interest in the Content or the Marks.
Your Account, Password, and Access to Sites.
If you use a password to access the Sites, or if you have created an account through the Sites, you are responsible for maintaining the confidentiality of, and restricting access to, your account and password. In addition, you agree to accept responsibility for all activities and transactions that occur on your account or with your password.
If your account or password is compromised, hacked, breached, or misappropriated, you must notify us immediately. We reserve the right, but have no obligation, to take any and all actions we deem necessary or appropriate to maintain the security and proper functioning of the Sites and your account, including, without limitation, (a) suspending, locking, freezing, inactivating, or terminating your account; (b) changing your username or password; and (c) requiring additional information or verification to authorize or approve any orders, transactions, or purchases submitted through your account or with your password.
Notwithstanding the foregoing, you agree that we have no obligation to monitor or investigate any activity on your account and that we may rely on the authority of anyone who accesses your account or uses your password. In addition, you agree that Martin’s shall have no liability for any claims, losses, injuries, or damages arising out of or resulting from (a) any action or inaction of Martin’s in relation to your account or password; (b) any compromise, hack, breach, or misappropriation of your account or password; or (c) any unauthorized access to or use of your account or password.
In addition, we reserve the right to terminate your account and to block or prevent your access to and use of the Sites, without prior notice, in the event that you violate any of these Terms or for any other reason we deem appropriate in our sole discretion, and you agree that (a) we shall have no liability to you in the event of any such termination of your account or access to the Sites; and (b) these Terms shall survive and continue to apply following any such termination of your account or access to the Sites.
Security of the Sites.
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, by (a) accessing or attempting to access data that you are not intended nor authorized to access; (b) logging onto or attempting to log onto a server or an account that you are not authorized to access; (c) probing, scanning, or testing, or attempting to probe, scan, or test, the vulnerability of the Sites without Martin’s prior written authorization; (d) breaching or attempting to breach the Sites’ security or authentication measures; (e) interfering or attempting to interfere with service to the Sites or any user, host, or network, including, without limitation, via means of submitting a virus, malware, or other malicious software to the Sites or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Sites; (f) sending or attempting to send unsolicited email, including promotions and/or advertising of products or services, by or through the Sites; (g) forging or attempting to forge any TCP/IP packet headers, any part of the header information in any email posting, or any pages or Content on the Sites; (h) using or attempting to use any device, software, hardware, or routine to interfere or attempt to interfere with the proper functioning and operation of the Sites or any activities that are being conducted on the Sites; (i) using or attempting to use any engine, software, tool, agent, or other program, device, or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Sites, other than the search engine and search agents available from Martin’s on the Sites and other generally available third party web browsers such as Google Chrome or Microsoft Internet Explorer; (j) tampering or attempting to tamper with the Sites or Content; (k) misrepresenting or attempting to misrepresent the identity of a user; or (i) conducting or attempting to conduct fraudulent or unlawful activities on or through the Sites.
Any violation of these Terms or the security of the Sites may result in civil or criminal liability. Martin’s will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Third Party Businesses and Websites.
From time to time, the Sites may provide links to third party websites for your convenience. However, Martin’s makes no warranties, endorsements, representations, or guarantees, and does not assume any responsibility, with respect to (a) the content of any third party websites; (b) the technology or security measures implemented by any third party websites; (c) the policies, practices, or procedures—including, without limitation, privacy policies, practices, or procedures—of any third party websites; or (d) the individuals, organizations, or businesses operating any third party websites.
Whenever you access, visit, or view any third party websites, please understand that they are independent from Martin’s and that Martin’s has no control over the content of such third-party websites. Also, please understand that it is your responsibility to take precautions with respect to the links that you click, the websites that you visit, and the files and content that you download. Accordingly, your use of any links on the Sites to access third-party websites, and your access to and use of any third party websites, is entirely at your own risk.
Products and Services.
Any offers, advertisements, promotions, and sweepstakes information posted on the Sites, or sent to customers by email or any other form of communication, are valid only for the dates indicated and may not be available in Martin’s stores. Also, any offers, advertisements, promotions, and sweepstakes information posted or provided in Martin’s stores may not be available through the Sites. In addition, certain products, services, and promotional programs may not be available at all locations. Martin’s attempts to be as accurate as possible in describing products, services, and promotional programs. However, Martin’s does not warrant or guarantee that information, descriptions, or other Content on the Sites are accurate, complete, reliable, current, or error free.
Martin’s reserves the right to limit quantities of products and services at any time and without prior notice. In addition, Martin’s reserves the right not to sell products or services if it appears to Martin’s, in its sole discretion, that the persons, businesses, or entities that are attempting to purchase such goods are services are doing so for purposes of resale, rather than for personal or consumer-related purposes.
Errors or Inaccuracies on Sites or in Promotional Programs.
Martin’s makes reasonable efforts to ensure that the Content on the Sites is accurate, current, and complete. However, there may be instances when information about a Martin’s product, service, or promotional program contains inaccurate, incomplete, or outdated information, such as information about the pricing or availability or products, services, or promotional programs. Martin’s reserves the right to correct errors and to update the Content on the Sites at any time and without prior notice; however, Martin’s does not warrant or guarantee that the Content on the Sites is error-free, accurate, complete, or current.
Consent To Email Communication.
When you visit the Sites, create an account, or send an email to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites.
Pharmacy, Health, and Wellness Content.
All Content on the Sites, including, but not limited to, drug and interaction information that is provided in the “Eat Smart. Be Well” section of the Sites, within the Pharmacy section of the Sites, or in any other areas of the Sites, is provided (a) for informational purposes only; (b) is not intended as a supplement to, or substitute for, the examination, diagnosis, treatment, and advice of a qualified medical professional; (c) does not cover all possible uses, precautions, side effects, and interactions of any drugs or medications; and (d) should not be construed to indicate that any drug or medication is safe for you.
Proper treatment of any condition depends on a variety of personal health factors and can best be assessed by a qualified medical professional. Accordingly, you should talk to your healthcare providers (doctor and pharmacist) before using any prescription or over the counter drugs or medications. In addition, before administering or using any prescription, over-the-counter drug, medication, or device, you should check the product information (including, but not limited to, package inserts) regarding the proper dosage, instructions, precautions, warnings, interactions, and contraindications.
Also, any recipe and health information provided on the Sites (a) is for informational purposes only; (b) is not intended as a supplement to, or substitute for, the examination, diagnosis, treatment, and advice of a qualified medical professional; (c) does not cover all possible side effects or consequences of any new or different diet program, exercise program, or health or wellness program; and (d) should not be construed to indicate that any diet program, exercise program, or health or wellness program is safe for you. Accordingly, you should consult your qualified medical professional for guidance before changing or undertaking a new diet program, exercise program, or health or wellness program. Advance consultation with your qualified medical professional is particularly important if you are under eighteen (18) years of age, pregnant, nursing, or have health problems or concerns.
Submissions, Comments, and Feedback.
Martin’s welcomes and encourages your comments, critiques, and suggestions.
You also agree that any User Content will (a) be true and accurate; (b) not violate these Terms, any laws, any contracts or agreements, or the rights of any person, business, or entity, including, without limitation, any copyright, trademark, intellectual property, privacy, or publicity rights; (c) not cause any injury or damage to any person, business, or entity; (d) not contain, or provide links to, any viruses, malware, “spam,” spyware, or malicious software; and (e) not contain, or provide links to, any content that is unlawful, defamatory, abusive, threatening, harassing, derogatory, obscene, profane, explicit, indecent, harmful, lewd, violent, or malicious.
You are solely responsible and liable for the content of any User Content that you submit to Martin’s, and Martin’s assumes no responsibility or liability for, and expressly disclaims any responsibility and liability for, any User Content submitted by you. We reserve the right, but have no obligation, to (a) monitor User Content; and (b) alter, remove, delete, and restrict or prevent the posting of any User Content.
By making any submission to Martin’s, you (a) grant to us a non-exclusive, perpetual, irrevocable, sub-licensable, fully paid-up, royalty-free, and transferable right and license to use, disseminate, display, post, transmit, share, copy, reproduce, modify, delete, alter, adapt, publish, translate, create derivative works from, manufacture, sell, market, and distribute any User Content, and to incorporate the User Content into any medium, technology, or form, in any location and throughout the world, all without any obligation or compensation to you; (b) grant to us the right, without any obligation, to use any name, title, description, or information that you submit with the User Content, all without any obligation or compensation to you; (c) agree that Martin’s shall be free to use and disclose any User Content for any purpose whatsoever, including, without limitation, for the purposes or developing, manufacturing, and marketing products and/or services that incorporate or are derivative of such User Content, all without any obligation or compensation to you; (d) acknowledge, represent, covenant, warrant, and agree that you own all rights, title, and interests necessary to grant the rights, licenses, and interests set out above; and (e) irrevocably waive any and all rights—including, without limitation, moral rights with respect to attribution of authorship or integrity of materials—regarding any User Content that you submit to us, regardless of the legal theory, doctrine, or law that may give rise to such rights, all without any obligation or compensation to you. Accordingly, you should not submit any User Content that you do not wish to, or lack authority to, license to Martin’s.
MARTIN’S RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES ON THE SITES OR IN ITS PROMOTIONAL PROGRAMS AT ANY TIME AND WITHOUT PRIOR NOTICE; HOWEVER, MARTIN’S DOES NOT WARRANT THE CORRECTNESS, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SITES OR IN ITS PROMOTIONAL PROGRAMS, NOR DOES MARTIN’S WARRANT THAT ANY SUCH ERROR, OMMISSION, OR INACCURACY WILL BE CORRECTED. MARTIN’S ALSO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT ERROR, OR THAT DEFECTS IN THE SITES WILL BE CORRECTED.
THE SITES ARE MADE AVAILABLE AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARTIN’S DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY AND ALL WARRANTIES THAT MAY BE CLAIMED TO ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. MARTIN’S ALSO MAKES NO REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO ANY INFORMATION, CONTENT, SERVICES, PROMOTIONS, OR PROGRAMS MADE AVAILABLE OR ENABLED BY OR THROUGH THE SITES OR ITS PROMOTIONAL PROGRAMS.
Limitation of Liability.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL CLAIMS, WHETHER SUCH CLAIMS ARE ALLEGED TO HAVE ARISEN FROM STATUTE, TORT, CONTRACT, COMMON LAW, OR OTHERWISE, AND IS FULLY APPLICABLE EVEN IF AN AUTHORIZED REPRESENTATIVE OF MARTIN’S HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH, OR HAVE ANY COMPLAINTS OR OBJECTIONS WITH RESPECT TO, THE SITES OR ANY OF MARTIN’S PROMOTIONAL PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE ADVANTAGE CARD PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR THE PROMOTIONAL PROGRAMS AND REQUEST THAT YOUR PERSONAL INFORMATION BE DELETED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES AND PROMOTIONAL PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE ADVANTAGE CARD PROGRAM, IS AT YOUR SOLE RISK.
YOU ARE HEREBY FURTHER ADVISED THAT MARTIN’S DOES NOT MAKE ANY WARRANTIES, ENDORSEMENTS, REPRESENTATIONS, OR GUARANTEES, AND DOES NOT ASSUME ANY RESPONSIBILITY, WITH RESPECT TO ANY LINKED OR HYPERLINKED WEBSITES, CONTENT, INFORMATION, OR MATERIALS.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTERS, HARDWARE, SOFTWARE, INTERNET CONNECTIONS, VIRUS AND MALWARE PROTECTION, AND OTHER EQUIPMENT AND UTILITIES NECESSARY TO ACCESS AND USE THE SITES AND TO PROTECT YOURSELF AND YOUR PROPERTY FROM ANY MALICIOUS ACTIVITY, VIRUSES, BUGS, TROJAN HORSES, WORMS, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A HARMFUL NATURE THAT MAY BE UPLOADED, DOWNLOADED, SHARED, OR OTHERWISE TRANSMITTED OR DISSEMINATED TO OR THROUGH THE SITES BY A THIRD PARTY, AS WELL AS FOR ANY AND ALL COSTS AND EXPENSES RELATING THERETO.
SOME JURISDICTIONS OR LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET OUT IN THESE TERMS; ACCORDINGLY, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET OUT IN THESE TERMS IS DETERMINED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF MARTIN’S UNDER ALL OF THE CIRCUMSTANCES DESCRIBED ABOVE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Martin’s and its officers, directors, employees, agents, contractors, vendors, suppliers, business partners, licensors, and any third-party information providers from and against all claims, causes of action, demands, damages (including, without limitation, direct, indirect, incidental, consequential, special, statutory, punitive, exemplary, and other damages of any kind or nature), losses, costs, expenses, and attorneys’ fees, actually or allegedly arising out of or resulting from (a) your access to or use of the Sites or any Content on the Sites; (b) your use of or participation in any of Martin’s promotional programs, including, but not limited to, the Advantage Card Program; or (c) any violation by you of applicable law, these Terms, or any other terms, conditions, or policies of Martin’s.
Waiver of Rights.
WITH RESPECT TO ANY CLAIMS OR CAUSES OF ACTION THAT RELATE IN ANY RESPECT TO THE SITES, THESE TERMS, MARTIN’S COLLECTION OR USE OF PERSONAL INFORMATION, OR ANY OF MARTIN’S PROMOTIONAL PROGRAMS, YOU KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY (a) CLAIMS OR CAUSES OF ACTION FOR PUNITIVE OR EXEMPLARY DAMAGES; (b) RIGHT TO PURSUE CLAIMS AS A CLASS, ON A CONSOLIDATED BASIS, OR IN A REPRESENTATIVE CAPACITY; AND (c) RIGHT TO HAVE SUCH CLAIMS OR CAUSES OF ACTION TRIED TO A JURY.
Governing Law, Jurisdiction, and Exclusive Venue.
Regardless of the location from which you access the Sites, you acknowledge and agree that (a) these Terms and your use of the Sites shall be governed by the laws of the State of Indiana, without reference to its choice or conflicts of law principles; and (b) the state courts located in the County of St. Joseph, State of Indiana, and the United States District Court for the Northern District of Indiana shall have exclusive jurisdiction over, and be the exclusive venue for, any litigation or disputes arising from or relating to (i) these Terms, (ii) the Sites, (iii) your access to or use of the Sites, (iv) Martin’s collection or use of Personal Information, or (v) any of Martin’s promotional programs. You hereby expressly submit to the exclusive jurisdiction and venue of such courts and waive any objections to such courts, whether on the basis of forum non conveniens or otherwise.
Parents or legal guardians should always supervise their children while they are online or accessing the internet. To protect the privacy interests of children, we do not collect information from children under thirteen (13) years of age. Accordingly, the Sites are not designed or intended to be accessed by, or to collect personal information from, children under thirteen (13) years of age, and Martin’s will not knowingly or intentionally collect information from children under thirteen (13) years of age. Also, consistent with the Children’s Online Privacy Protection Act, we specifically request and direct that children under thirteen (13) years of age are not permitted to use the Sites and shall not provide any personal information through the Sites.
If you are a parent or legal guardian of a child under thirteen (13) years of age and believe the child has disclosed personal information to Martin’s, you may review and request deletion of the child’s personal information and also refuse to permit its further collection or use. Also, in such event, we request that you immediately contact us—at the address, telephone number, or e-mail address set out below—so that we may promptly take action to delete the child’s personal information.
If any term, paragraph, clause, condition, or provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of these Terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, and these Terms shall be construed as if such invalid, void, or unenforceable provisions were omitted.
No waiver of any provision of these Terms, nor any amendment of these Terms, shall be valid unless in writing and signed by Martin’s.
Changes to these Terms.
We reserve the right to change, modify, or amend these Terms at any time, without prior notice, and for any reason. We will notify you of any changes to these Terms by posting the changed, modified, or amended version here and indicating the date it was last modified. Accordingly, you should review these Terms periodically to view the latest version. Your continued use of the Sites after the posting of any changes, modifications, or amendments to these Terms shall constitute your acceptance of, and agreement to, those changes, modifications, and amendments.
If you have any other questions or concerns, please feel free to contact us:
By Mail: Martin’s Super Markets Attn: Customer Care P.O. Box 2709 South Bend, IN 46680-2709
By Telephone: 574-234-5848 during the hours of 8:00 a.m. – 5:00 p.m. (ET) Monday through Friday (excluding holidays)
By Email: email@example.com.
These Terms were last modified on August 21, 2018.