BY CLICKING THE “CREATE PROFILE” BUTTON, DOWNLOADING, INSTALLING AND/OR USING THIS APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND/OR THE PRIVACY STATEMENT YOU SHOULD CEASE ANY AND ALL USES OF THIS APP, AND, WHERE APPLICABLE, UNINSTALL THIS APP IMMEDIATELY.
DESCRIPTION OF THE APP
The App allows the User to enjoy the advantages of digital entertainment, as part of the “Be More Super” promotion (hereinafter, the “Promotion”) offered at select stores of United Supermarkets. Subject to these Terms, the User may use the App and its functionalities as made available herein. The terms and conditions of the Promotion are available at https://www.theunitedfamily.com/be-more-super-terms-of-use. The term “App” shall refer to and consist of the following: (i) the United Supermarkets LLC software application, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection (i). Failure to download and install any software updates may prevent the proper functionality of the App until the updates are installed.
The App may only be used by individuals aged eight (8) to eighteen (18) years. If the User is under the age of thirteen (13) years, the User should review these Terms with the User’s parent or guardian to make sure the User and the User’s parent or guardian understand and approve them prior to any use of the App. Any use of the App by individuals under thirteen (13) years shall only be made subject to consent of the User’s parent or guardian. If You do not meet these requirements, You must not access or use the App. All uses and rights not explicitly allowed are prohibited.
Subject to your agreement to and compliance with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited and revocable license (“User License”) to use the App in accordance with these Terms for personal, non-commercial use on a phone, tablet, computer or other suitable device (each a “Device”) owned or controlled by the User. Any use of the App in any other manner, including, without limitation, copy, resale, transfer, modification, distribution, or reverse engineering of the App or the text, pictures, music, barcodes, video, data, hyperlinks, displays and other content included in the App (“Content”) is prohibited. These Terms and the User License also govern any updates to, or supplements for or replacements of, this App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App or any Content under these Terms, or any other rights thereto, other than the right to use the App in accordance with the User License granted herein, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You under these Terms.
Company makes no guarantees regarding the availability of the App. Furthermore, Company reserves the right, within its sole discretion, to discontinue or modify the App at any time. You agree that Company will not be liable to you for any such discontinuance or modification of the App. Any rights not expressly granted by these Terms are reserved to Company. You are under no obligation to use or continue to use the App and may temporarily or permanently cease using the App without notice to Company.
COLLECTION AND USE OF YOUR INFORMATION
Some functionalities of the App may require the collection and use of personal data (collectively “User Information”). Any User Information or other data collected through, or in connection with, the App is subject to our Privacy Statement, which Privacy Statement is incorporated into these Terms by this reference. Should you have any questions, please refer to the Privacy Statement.
The User is solely responsible for maintenance of the confidentiality and security of any User Information and/or any other information transmitted from or stored in a Device, for all transactions and other activities undertaken with any card, ID, username and other identifier registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify the Company of any unauthorized transactions associated with the App or any other breach of security. In no event shall the Company, its licensors and/or its service providers the Providers be responsible for any losses or damages arising out of or related to the loss or theft of User Information transmitted from or stored in a Device or from unauthorized or fraudulent transactions associated with the App.
The Indemnified Parties (defined below) reserve the right to take legal action in case of unsolicited advertising, such as spam electronic mails, and/or other acts and omissions relating to this App and/or the Promotion.
These Terms apply in addition and without prejudice to any other applicable conditions and policies of the Company, the Providers and/or third parties.
Use of the App, any Content and User Information collected, transmitted, processed, stored, used or analyzed in connection with the App is limited to the contemplated functionality described in these Terms and shall be strictly subject to the conditions of acceptable use herein described (collectively “Acceptable Use”). In no event may the App be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Company and/or the service provider, their employees, contractors, officers, and directors of the Company or its service provider (collectively the “Indemnified Parties”), or Content that is not authorized by the Indemnified Parties; (d) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Company’s and/or the service provider’s systems, or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to the Company’s and/or the service provider’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability, or that may otherwise impugn, detract from or disparage the goodwill of the Promotion, the Company, the service provider or third parties; (h) violates these Terms; (i) attempts to or does damage, disable, overburden, or impair servers or networks used by the Company and/or the service providers; or (j) fails to comply with applicable third party terms. The Company reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation, remove Content and/or assert legal action with respect to the Content or use of the App that the Company reasonably believes is or might be in violation of these Terms, or the terms of Acceptable Use or the Company and/or the service provider’s policies. The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your Device settings, when your Device is connected to the internet either (a) the App will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
You agree to defend, indemnify, and hold harmless the Indemnified Parties from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from your use or misuse of the App, violation of these Terms or violation of any rights of a third party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event that any third party claims that the App or User’s possession and use of the App infringes that third party’s intellectual property right(s), the Indemnified Parties as applicable, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In case of a third-party claim based on the (alleged) infringement of intellectual property right(s), the Indemnified Parties retain the right to cease providing the App with immediate effect, and the User shall not have any right to compensation for not being able to make use of the App.
THE APP IS PROVIDED TO THE USER “AS IS” AND THE USER IS USING THE APP AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES (A) BE LIABLE TO THE USER WITH RESPECT TO THE USE OF THE APP; AND/OR (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APP.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The logos, trademarks, service marks, graphics, copyright and other intellectual property rights of the Company and/or the service providers or otherwise used in connection with the App are trademarks or registered trademarks of the Company and/or the service providers, respectively, all of which may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable rightsholder(s). The App and the Content are or may be subject to protection by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by the owner of the Content, as applicable.
LINKS FROM THE APP
When You use the App or its Content, including by downloading or installing the App, third parties may use automatic information collection technologies to collect information about You or your Device. Neither the Company nor its service providers control these third parties’ tracking technologies or how they may be used. This App may also contain links and references to other websites and resources provided by third parties which are provided for your convenience only. Neither the Company nor its service providers have any control over third party websites, including their content, and cannot be held liable for their content, policies, omissions, or activities. If You decide to access any of the third-party websites linked to this App, You do so entirely at your own risk and subject to the terms and conditions of use of such websites.
This App provides its functionalities and services at no charge. However, Users may incur costs derived from the use of the internet or the data transfer over their network provider, such costs to be borne by Users.
The Company does not and cannot guarantee that the information contained or displayed in this App is complete, correct, up to date and free of typographical errors at all times. However, the information on this App has been compiled with the greatest possible care and the Company endeavors to provide accurate and updated information, and uninterrupted error-free transmissions. The information on this App is general and does not contain any advice.
This App may offer the option to receive messages (‘push messages’ or ‘push notifications’) that provide Users with information on the promotional activity(ies) that are the subject matter of these Terms, with the purpose of informing Users about the App, the progress of the Promotion, the contribution of sponsors and third parties to the Promotion and the User’s participation in the Promotion. By downloading and using this App, Users agree to receive push messages via this App. Depending on the Device used to access this App, such consent may be requested before any use of this App. In all cases, push messages may be activated or deactivated by Users anytime at their sole discretion by manually changing the settings of this App.
GOVERNING LAW AND JURISDICTION
All matters related to the App and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Except as otherwise required by applicable law, the English language version of these Terms is legally binding and translations are provided solely for informational purposes. In the event of any conflict or inconsistency between the English language version and any translation, the English language shall prevail. If any provision of these Terms is held to be invalid or unenforceable, the other provisions shall remain in full force and effect.
The App and Content are based in the State of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the App and Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App and Content from outside the United States, You are responsible for compliance with local laws.
The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
The Company reserves the right to change or modify these Terms or any other policies related to use of the App at any time and at its sole discretion by posting revisions on the App. Continued use of the App following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Any questions, complaints or claims regarding the App should be directed to:
United Supermarkets LLC.
7830 Orlando Ave., Lubbock Texas 70423
All inquiries related to the purchase of third-party products displayed in this App shall be sent to the website or company through which such purchase was made. Users are responsible for revising the terms and conditions of other websites or sellers through which these products may have been purchased.
The Terms and Privacy Statement constitute the sole and entire agreement between You and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.