1. User Eligibility
The Web Site is provided by I Can
Grocery Shop and available only to entities and persons
over the age of legal majority who can form legally binding
agreement(s) under applicable law. If You do not qualify,
You are not permitted to use the Web Site.
2. Scope of Terms of Use
These Terms of Use govern Your use
of the Web Site and all applications, software and services
(collectively, “Services”) available via the Web Site, except
to the extent such Services are the subject of a separate
agreement. Specific terms or agreements may apply to the
use of certain Services and other items provided to You
via the Web Site (“Service Agreement(s)”). Any such Service
Agreements accompany or are listed in association with or
through a hyperlink associated with the applicable Services.
3. Modifications
I Can Grocery Shop may revise and
update these Terms of Use at any time. Your continued usage
of the Web Site after any changes to these Terms of Use
will mean You accept those changes. Any aspect of the Web
Site may be changed, supplemented, deleted or updated without
notice at the sole discretion of I Can Grocery Shop. I Can
Grocery Shop may also change or impose fees for products
and services provided through the Web Site at any time in
its sole discretion. I Can Grocery Shop may establish or
change, at any time, general practices and limits concerning
other products and services in its sole discretion.
4. Privacy Policy
The I Can Grocery Shop Privacy Policy
governs the use of information collected from or provided
by You at the Web Site. With respect to any individual whose
personal information is provided by You to I Can Grocery
Shop, You represent to I Can Grocery Shop that You have
obtained all necessary consents for the processing of such
personal information contemplated by the Services You are
using and by the I Can Grocery Shop Privacy Policy, including
the transfer of such data to the United States or other
countries whose laws may not provide the same level of protection
for the personal data as the laws of the country of origin
of such individual.
5. License and Ownership
Any and all intellectual property
rights (“Intellectual Property”) associated with the Web
Site and its contents (the “Content”) are the sole property
of I Can Grocery Shop.com, its affiliates or third parties.
Elements of the Web Site may be protected by copyright,
trade dress, trade secret, unfair competition, and other
laws and may not be copied or imitated in whole or in part.
All custom graphics, icons, and other items that appear
on the Web Site are trademarks, service marks or trade dress
(“Marks”) of I Can Grocery Shop, its affiliates or other
entities that have granted I Can Grocery Shop.com the right
and license to use such Marks and may not be used or interfered
with in any manner without the express written consent of
I Can Grocery Shop.com. Except as otherwise expressly authorized
by these Terms of Use, You may not copy, reproduce, modify,
lease, loan, sell, create derivative works from, upload,
transmit, or distribute the Intellectual Property of the
Web Site in any way without I Can Grocery Shop.com's or
the appropriate third party's prior written permission.
Except as expressly provided herein, I Can Grocery Shop
does not grant to You any express or implied rights to I
Can Grocery Shop's or any third party's Intellectual Property.
I Can Grocery Shop grants You a limited, personal, nontransferable,
nonsublicensable, revocable license to (a) access and use
only the Web Site, Content and Services only in the manner
presented by I Can Grocery Shop, and (b) access and use
the I Can Grocery Shop.com's computer and network services
offered within the Web Site (the “Systems") only in the
manner expressly permitted by I Can Grocery Shop. Except
for this limited license, I Can Grocery Shop does not convey
any interest in or to the Systems, information or data available
via the Systems (the “Information”), Content, Services,
Web Site or any other I Can Grocery Shop property by permitting
You to access the Web Site. Except to the extent required
by law or as expressly provided herein, none of the Content
and/or Information may be reverse-engineered, modified,
reproduced, republished, translated into any language or
computer language, re-transmitted in any form or by any
means, resold or redistributed without the prior written
consent of UPS. You may not make, sell, offer for sale,
modify, reproduce, display, publicly perform, import, distribute,
retransmit or otherwise use the Content in any way, unless
expressly permitted to do so by I Can Grocery Shop.com.
6. Restrictions on Use of the Web
Site
In addition to other restrictions
set forth in these Terms of Use, You agree that: (a) You
shall not disguise the origin of information transmitted
through the Web Site. (b) You will not place false or misleading
information on the Web Site. (c) You will not use or access
any service, information, application or software available
via the Web Site in a manner not expressly permitted by
I Can Grocery Shop. (d) You will not input or upload to
the Web Site any information which contains viruses, Trojan
horses, worms, time bombs or other computer programming
routines that are intended to damage, interfere with, intercept
or expropriate any system, the Web Site or Information or
that infringes the Intellectual Property (defined below)
rights of another. (e) Certain areas of the Web Site are
restricted to customers of I Can Grocery Shop. (f) You may
not use or access the Web Site or the Systems or Services
in any way that, in I Can Grocery Shop's judgment, adversely
affects the performance or function of the Systems, Services
or the Web Site or interferes with the ability of authorized
parties to access the Systems, Services or the Web Site.
(g) You may not frame or utilize framing techniques to enclose
any portion or aspect of the Content or the Information,
without the express written consent of I Can Grocery Shop.
7. Links
(a) Outbound Links. The Web Site
may contain links to third-party Web Sites and resources
(collectively, “Linked Sites”). These Linked Sites are provided
solely as a convenience to You and not as an endorsement
by I Can Grocery Shop.com of the content on such Linked
Sites. I Can Grocery Shop.com makes no representations or
warranties regarding the correctness, accuracy, performance
or quality of any content, software, service or application
found at any Linked Site. I Can Grocery Shop.com is not
responsible for the availability of the Linked Sites or
the content or activities of such sites. If You decide to
access Linked Sites, You do so at Your own risk. In addition,
Your use of Linked Sites is subject to any applicable policies
and terms and conditions of use, including but not limited
to, the Linked Site's privacy policy.
(b) Inbound Links. Linking to any
page of the Web Site other than to http://www.icangroceryshop.com
through a plain text link is strictly prohibited in the
absence of a separate linking agreement with UPS. Any web
site or other device that links to http://www.icangroceryshop.com
or any page available therein is prohibited from (a) replicating
Content, (b) using a browser or border environment around
the Content, (c) implying in any fashion that I Can Grocery
Shop or any of its affiliates are endorsing it or its products,
(d) misrepresenting any state of facts, including its relationship
with I Can Grocery Shop or any of its affiliates, (e) presenting
false information about I Can Grocery Shop products or services,
and (f) using any logo or mark of I Can Grocery Shop or
any of its affiliates without express written permission
from I Can Grocery Shop.
8. Submissions
I Can Grocery Shop.com does accept
ideas, concepts, or techniques for new services or products
through the Web Site (“Comments”). If such Comments are
received, You acknowledge that (a) they will not be considered
confidential or proprietary, (b) I Can Grocery Shop and
its affiliates are under no obligation to keep such information
confidential, and (c) I Can Grocery Shop.com will have an
unrestricted, irrevocable, world-wide, royalty free right
to use, communicate, reproduce, publish, display, distribute
and exploit such Comments in any manner it chooses.
9. Termination
You agree that I Can Grocery Shop.com,
in its sole discretion, may terminate or suspend Your use
of the Web Site, the Systems, Information, Services and
Content at any time and for any or no reason in its sole
discretion, even if access and use continues to be allowed
to others. Upon such suspension or termination, You must
immediately (a) discontinue use of the Web Site, and (b)
destroy any copies You have made of any portion of the Content.
Accessing the Web Site, the Systems, Information or Services
after such termination, suspension or discontinuation shall
constitute an act of trespass. Further, You agree that I
Can Grocery Shop.com shall not be liable to You or any third
party for any termination or suspension of Your access to
the Web Site, the Systems, Information and/or the Services.
10. Disclaimer of Warranties I CAN
GROCERY SHOP.COM MAKES NO REPRESENTATIONS ABOUT THE RESULTS
TO BE OBTAINED FROM USING THE WEB SITE, THE SYSTEMS, THE
SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME
IS AT YOUR OWN RISK. THE WEB SITE, THE SYSTEMS, THE INFORMATION,
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS"
BASIS. UPS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR
A PARTICULAR PURPOSE. UPS AND ITS AFFILIATES, LICENSORS
AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE
CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH
THE USE OF THE WEB SITE OR THE SYSTEMS. NO INFORMATION OBTAINED
BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED BY UPS IN THESE TERMS OF USE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS
AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF
YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT
CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS
OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE
ARE FAIR AND REASONABLE.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE
LAW AND TO THE EXTENT THAT UPS IS OTHERWISE FOUND RESPONSIBLE
FOR ANY DAMAGES, UPS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL I CAN
GROCERY SHOP, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS
OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE
FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY
TO USE THE WEB SITE, THE SYSTEMS, INFORMATION, SERVICES
OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT,
DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT I
CAN GROCERY SHOP.COM IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED
FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED
TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
12. Compliance with Law
Including Export Control You agree
to use the Web Site in strict compliance with all applicable
laws, rulings and regulations and in a fashion that does
not, in the sole judgment of I Can Grocery Shop, negatively
reflect on the goodwill or reputation of I Can Grocery Shop
and shall take no actions which would cause I Can Grocery
Shop to be in violation of any laws, rulings or regulations
applicable to I Can Grocery Shop.
13. General
You may not assign these Terms of
Use or any of Your interests, rights or obligations under
these Terms of Use. If any provision of these Terms of Use
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of any
of these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
14. Written Document
You may preserve these Terms of Use
in written form by printing them for Your records, and You
waive any other requirement that these Terms of Use be evidenced
by a written document.
15. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A
SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN
YOU AND I CAN GROCERY SHOP, THESE TERMS OF USE CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN YOU AND I CAN GROCERY SHOP
WITH RESPECT TO THE USE OF THE WEB SITE, THE SYSTEMS, AND
ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED
THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS,
CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER
HEREOF.