Terms & Conditions of Use
The websites, mobile applications, and other online services owned and operated by Fareway Stores, Inc., or its affiliates, brands, and subsidiaries (collectively “Fareway”, “our”, “we”) are subject to these Terms & Conditions of Use (“Terms”).
By accessing and using Fareway’s websites, mobile applications, and other online services (collectively referred to herein as “Services”) you agree that your access and use is subject to these Terms. Please take some time to read these Terms carefully. If you do not agree to be bound by these Terms, you must not use our Services.
Please note that some of our Services may be subject to additional terms or conditions (“Additional Terms”). Please review all Additional Terms for the Services you use. Any Additional Terms are incorporated into these Terms by this reference.
Use of Services. You agree and warrant that all information you provide while accessing or using our Services is truthful and accurate to the best of your knowledge. You also agree and warrant that you have complied, and will continue to comply, with all applicable law, these Terms, and any Additional Terms, governing your use of our Services.
Communications. By providing your telephone number to us in any electronic, digital, or other written form, including via email, website form, text message, telephone keypress, or voice recording, you authorize us to deliver or cause to be delivered to you, telemarketing and other calls and SMS/text messages using an automatic telephone dialing system or an artificial or pre-recorded voice. You expressly consent to receive and authorize these calls and messages for any purpose, including but not limited to telemarketing and advertising benefits and services that may be of interest, for the purpose of servicing your account, payment and billing, collecting any amounts you may owe, fundraising efforts and donations, informational updates, and for our operations and operational improvements. You understand that you need not agree as a condition to purchase any goods or services and that calls and messages could result in interruption or data use or charges according to your plan.
You have choices regarding how we communicate with you. If you are receiving promotional email from Fareway, you can stop receiving such messages by following the opt-out instructions provided in the messages you receive. To stop receiving text messages, you can reply STOP to any incoming message which will result in a single SMS message to confirm that you have been unsubscribed. After this, you will no longer received SMS messages from us unless you opt in at another time.
Fareway’s Right to Terminate Services. You understand and agree that, with or without notice, Fareway may update, modify, or terminate the Services. Fareway, in its sole discretion, may also terminate your access to its Services.
Ownership. All right, title, and interest (including but not limited to: copyrights, trademarks, and other intellectual property) in the Services, and the content and information provided therein, are held by Fareway, or its suppliers or content providers. In addition, the names, images, pictures, logos and icons identifying Fareway’s products and services are proprietary or licensed marks of Fareway, or its suppliers or content providers. You may not use Fareway’s name, logo, or other trademarks for any purpose without the express written consent of Fareway.
The content and information contained in the Services is provided solely for your personal, non-commercial use. The copying, redistribution, use or publication by you of any part of our Services, except as in accordance with these Terms, is strictly prohibited. Please be aware, you do not acquire ownership rights to any content, images, tabs, headers, photos, text, compilation, graphics, software, and/or any other materials by using our Services.
You may not, without Fareway’s prior written consent: (a) use bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the Services for any purpose, including but not limited to mining, scraping, accessing, or collecting designs or content available on the Services; or (b) use designs or content obtained from the Services for use in any other product, service, or offering.
You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
Disclaimer. Fareway does not warrant that its Services will be continuously available. Fareway may update, modify, or terminate its offerings from time to time. All information provided is on an "as is" and "as available" basis. Fareway makes no representations or warranties of any kind, either express or implied, as to the operation of the Services, or the information, content, materials, products or services included on or otherwise made available to you through our Services. Fareway does not warrant its Services are free from viruses or other harmful components. You agree that your access and use of our Services is at your sole risk.
Further, to the fullest extent permitted by law, Fareway disclaims all warranties, express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Your sole and exclusive remedy relating to your access and use of our Services shall be to discontinue using them.
The content within our Services is for general information purposes only and do not constitute advice. Fareway disclaims all liability with respect to such information. Fareway tries to provide content that is true and accurate as of the date of writing; however, we give no assurance or warranty regarding the correctness, availability, usefulness, reliability, accuracy, completeness, timeliness, or applicability of any of the content.
Fareway shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any errors or deficiencies in, or omissions from, the Services, including but not limited to technical inaccuracies and typographical errors or omissions.
Health and Wellness Content. Any health or nutritional information provided through our Services is for general informational purposes only. The information is not intended to be specific to your individual health circumstances or conditions and is not intended as medical or other professional advice. If you have any questions or concerns about your individual health circumstances, you should always consult with your physician or other health care professional. Fareway makes no representations or warranties of any kind about the completeness, accuracy, or reliability of the information contained therein. Any reliance you place on the information is strictly at your own risk.
Limitations of Liability. YOU AGREE THAT, To the fullest extent permitted under applicable law, Fareway stores, inc., its shareholders, directors, officers, employees, agents, or representatives shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with (I) your access or use of, or inability to access or use, our Services; (II) Any transaction conducted through or facilitated by our Services; (III) Any claim attributable to errors, omissions, deficiencies, or other inaccuracies in our services; (IV) Any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or card holder data, (V) statements or conduct of any third party on our Services; or (VI) Any other matter related to our Services, including but not limited to the information, content, products, or services included or made available to you through our Services. These limitations of liability apply regardless of any negligence by Fareway, and even if Fareway has been advised, or should have known, of the possibility of such damages. Your sole remedy for dissatisfaction with the Services is to cease using them.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM. You agree to waive any right to a jury trial.
You may have additional rights under certain laws which do not allow the limitation of liability or disclaimer of warranties set forth above to apply to you. If any part of the limitation of liability or disclaimer of warranties set forth herein are found to be invalid or unenforceable for any reason, then the aggregate liability of Fareway under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
Disclaimer of Endorsement. Reference or links within our Services to any product, service, other website, or other business, does not constitute or imply an endorsement or recommendation by Fareway.
Links to Fareway Website. You are not permitted to use a link that “frames” our Services or portrays Fareway in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other Fareway logo, graphic, or trademark as part of the link without our express written permission. Fareway may revoke your right to link to our website at anytime for any reason.
Revisions to Terms & Conditions. We reserve the right to make changes to these Terms at any time. If we change our Terms, we will post our updated Terms on this page. The date of the most recent update is noted at the bottom of this page. Any changes will become effective when posted. By continuing to use our Services following the posting of any changes, you agree to be bound by the updated Terms. Please review these Terms on a regular basis.
Severability. If any provision in these Terms is found to be invalid, void, or unenforceable under applicable law, that provision shall be deemed severable and shall not affect the validity or enforceability of the other provisions contained in these Terms.
Choice of Law and Jurisdiction. By your use of our services, you hereby agree the laws of the State of Iowa, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that arises between you and Fareway Stores, Inc. For any and all disputes, venue shall be solely and exclusively in the federal or state courts located in Boone County, Iowa, and you irrevocably waive any objection, including, without limitation, any objection based on inconvenient forum.
UPDATED: May 20, 2021