Welcome to Ski Country Grocer Terms and Agreement Section! Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.
This Agreement (the "Agreement") is a legal agreement between you and Ski Country Grocer LLC ("Ski Country Grocer" or "SCG") that states the terms and conditions under which you may receive the Ski Country Grocer service and use www.skicountrygrocer.com. If you use the Ski Country Grocer service or www.skicountrygrocer.com, you agree to these terms and conditions.
- Ski Country Grocer Delivery Service and Website. The Ski Country Grocer service is a transaction, information and communication service available to authorized users ("customers") who access www.skicountrygrocer.com. SCG currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.
- Grocery Shopping and Delivery Service. Ski Country Grocer employees, agents or designees will shop and deliver grocery orders placed with Ski Country Grocer. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of checkout via debit or credit card. A Pending charge will be placed on your card at checkout time and payment, including any necessary adjustments, will be completed on the day of delivery.
We will attempt to gain entry to your accommodations and unpack your order prior to 6 PM on your date of arrival. If we cannot gain entry, you will be contacted to arrange an alternate delivery time when you are present. If you are not satisfied for any reason with an item purchased through the SCG, you may return it and it will be credited against your next SCG order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the product is more. Ski Country Grocer liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge. In some areas, you may choose to receive your Ski Country Grocer order as an unattended delivery, and your order will be left unattended at your door or other place you designate. For locals, orders containing tobacco or alcoholic products cannot be left unattended under any circumstances. Vacationers may have tobacco or alcoholic products left in their lodging accommodations provided they have faxed or emailed a copy of a valid id to SCG. SCG may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive deliveries. Ski Country Grocer is not responsible, and you agree not to hold SCG or its employees responsible, for any damage or theft that occurs to an unattended delivery. SCG reserves the right to refuse to leave an order unattended if the Ski Country Grocer Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
- Third Party Information Providers and Merchants. The SCG service may permit you to order and receive products, information and services from businesses which are not owned or operated by SCG. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Ski Country Grocer does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Ski Country Grocer service.
- Your Member Account. You agree to provide Ski Country Grocer with accurate and complete information as required by registration for the Ski Country Grocer service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Ski Country Grocer of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Ski Country Grocer service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify SCG immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Ski Country Grocer Service until you notify SCG of the unauthorized use, loss or theft.
- Property Rights - www.skicountrygrocer.com and Ski Country Grocer.
- Copyright: All content on skicountrygrocer.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Ski Country Grocer, SkiCountryGrocer.com, LLC. ALL RIGHTS RESERVED, or its content providers. Ski Country Grocer authorizes you to view, electronically copy and to print in hard copy portions of skicountrygrocer.com for the sole purpose of placing an order with Ski Country Grocer, Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on skicountrygrocer.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Ski Country Grocer is strictly prohibited. SCG reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from SCG.
- Trademarks: All Ski Country Grocer logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of SCG or otherwise proprietary to SCG and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on skicountrygrocer.com are the property of their respective owners.
- Fees, Payment and Access. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Ski Country Grocer fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the SCG fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Ski Country Grocer may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Ski Country Grocer LLC may incur in its efforts to collect any unpaid balances from you. SCG reserves the right to establish a credit limit for your account. Your right to use the Ski Country Grocer service is also subject to limits established by your credit card issuer.
- Unauthorized or Fraudulent Use. Ski Country Grocer does not offer the SCG Service to children. By registering for the Ski Country Grocer Service, you warrant that you are at least 18 years old. If you are under 18, you may use the SCG Service only with the involvement of a parent or guardian. From time to time, SCG may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and SCG reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
- Changes in Agreement, Fee Schedule or Ski Country Grocer Service. SCG may at any time change any of the terms of this Agreement or the SCG fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Ski Country Grocer service. If SCG makes material changes to this Agreement or changes to the SCG fee schedule, Ski Country Grocer will provide notice to you in a manner provided in this Agreement. Your use of the Ski Country Grocer service after any such change will be conclusively deemed acceptance of such change. Ski Country Grocer may discontinue or revise any or all aspects of the SCG service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Ski Country Grocer Service and terminate this Agreement.
- Termination. Ski Country Grocer may suspend or terminate your access to the SCG service at any time for any reason with or without notice to you. You may terminate your SCG service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your SCG Service for any reason, you will not be entitled to a refund of any fees. SCG reserves the right to collect fees and charges incurred before you cancel your SCG Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE Ski Country Grocer SERVICE, www.skicountrygrocer.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Ski Country Grocer SERVICE, www.skicountrygrocer.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SKICOUNTRYGROCER.COM, LLC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Ski Country Grocer DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY www.skicountrygrocer.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT www.skicountrygrocer.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER Ski Country Grocer NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE Ski Country Grocer SERVICE, www.skicountrygrocer.com, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH Ski Country Grocer. Ski Country Grocer LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY Ski Country Grocer AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- The material on www.skicountrygrocer.com is provided for lawful purposes only. Ski Country Grocer LLC controls and operates www.skicountrygrocer.com from its headquarters in Eagle, Colorado, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use www.skicountrygrocer.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold Ski Country Grocer and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
- Aggregated Information. SCG may use aggregated information regarding its customers and usage of the SCG service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. SCG may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. SCG may use or disclose personal information when SCG believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of SCG or its users or to comply with the law.
- You may at any time review and change your personal information stored by skicountrygrocer.com by accessing the My Account page at skicountrygrocer.com. You may also request that SCG permanently remove all personal information stored by SCG at any time by delivering notice requesting such removal. Upon such request, SCG will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your SkiCountryGrocer.com Service. At Ski Country Grocer, we want you to feel safe while shopping with us. That's why we use the THAWTE brand to verify our standing. THAWTE verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver. Once received, your personal information is stored in our secure data center.
- Legal and Miscellaneous
- This Agreement states your entire agreement with Ski Country Grocer regarding the use of the Ski Country Grocer Service and www.skicountrygrocer.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
- The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Ski Country Grocer LLC or its Associates or relating in any way to your use of the Ski Country Grocer or www.skicountrygrocer.com resides in the courts of Colorado, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Colorado in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Ski Country Grocer and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Ski Country Grocer service.
- Notices. Ski Country Grocer may give notice to you of a change in this Agreement, a change in the SCG Fee Schedule, and any other matter by general posting on www.skicountrygrocer.com, by electronic mail. You may give notice to SCG by telephone (970-328-8037), by electronic mail (visit Contact Us on www.skicountrygrocer.com), or by conventional mail to:
PO Box 2157
Eagle, CO 81631
Attention: TERMS AND CONDITIONS
If you have any questions about this agreement, please call us at (970) 328-8037 or email us at [email protected].