1. DEFINITIONS. A "user" is someone who accesses, browses, views, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "Rosauers" refer to Rosauers Supermarkets. "Content" means all of the text, images, photos, audio, video, and all other forms of data or communication. "User Content" means Content that you submit or transmit to or through the Site, such as reviews, comments, invitations, advice, and information that you display. "Rosauers Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Rosauers or its users, such as data providers who license data to Rosauers for use on the Site.
2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.Rosauers.com (collectively, the "Site") or any service connected with the Site (the "Services"), you agree to abide by this Agreement, as they may be amended by Rosauers from time to time at its sole discretion. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately cease all use of the Site. Continued use of the Site constitutes consent to modifications or changes to the Agreement. In the event any User Content or Third Party Content used on the Site purports to impose different Terms and Conditions, this Agreement supersedes and supplants all others.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
5. INTELLECTUAL PROPERTY OWNERSHIP. All Rosauers Content included on the Site, such as text, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Rosauers and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Rosauers and protected by U.S. and international copyright laws. All software used on this site is the property of Rosauers or its software suppliers and protected by United States and international intellectual property laws.
6. PROHIBITED USES. Rosauers imposes certain restrictions on your permissible use of the Site and Services. Violating or attempting to violate any security feature of the Site is strictly forbidden. Violations of security include, without limitation, (a) accessing content or data not intended for you, including logging onto a server or account that you do not have authorization to access; (b) attempting to damage, disable, overburden or impair the site in any way, attempting to test the vulnerability of the Site, the Services, or any affiliated network, or to breach security measures without proper authorization; (c) attempting to modify, reverse-engineer, decompile, disassemble or reduce the source code used by Rosauers to provide the Site to you. Any attempts to violate security of the Site may subject you to civil and/or criminal liability.
7. ALLEGED VIOLATIONS. Rosauers reserves the right to terminate your use of the Site, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason.
8. AFFILIATED SITES. Rosauers may contain links to other sites on the World Wide Web. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the Website or any association with its operators. You acknowledge and agree that this Website is not responsible for the availability of such external sites or resources, nor responsible or liable for any content, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. INDEMNITY. You agree to indemnify, defend, and hold harmless Rosauers, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all user's personal claims, third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Rosauers will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
10. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Washington, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Spokane County, Washington, USA in all disputes arising out of or related to the use of the Site.
11. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
12. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Rosauers also reserves the right at its sole and arbitrary discretion to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
13. COPYRIGHT. All contents of Site or Service are: Copyright © 2014 Rosauers Supermarket. All rights reserved.