TERMS AND CONDITIONS
The Kroger Co. and its affiliates (collectively, "Kroger")
provides all information on this site (together with all
content and the underlying source HTML files that implement
the hypertext features, collectively this "Site") exclusively
under the following Terms and Conditions and all applicable
laws:
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest (including all copyrights,
trademarks and other intellectual property rights) in this Site
belongs to Kroger. In addition, the names, images, pictures,
logos and icons identifying Kroger's products and services are
proprietary marks of Kroger and/or its subsidiaries or affiliates.
Except as expressly provided below, nothing contained herein shall
be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other
intellectual property rights.
1.2 You are hereby granted a non-exclusive, non-transferable,
limited license to view this Site, and to download and/or print
insignificant portions of materials retrieved from this Site provided
(a) it is used only for informational, non-commercial purposes, and
(b) you do not remove or obscure the copyright notice or other notices.
Except as expressly provided above, no part of this Site, including but not
limited to materials retrieved there from and the underlying code, may be
reproduced, republished, copied, transmitted, or distributed in any form
or by any means, without the express written permission of Kroger.
1.3 Use, duplication, or disclosure by or for the United States Government
is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii)
and FAR 52.227-19.
2. LINKS TO THIRD PARTY SITES
Kroger provides links to third party web sites for your convenience. Kroger does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by Kroger.
3. DISCLAIMERS
3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND
KROGER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2 Kroger disclaims all responsibility for any loss, injury, claim,
liability, or damage of any kind resulting from, arising out of, or in
any way related to (a) any errors in or omissions from this Site,
including but not limited to technical inaccuracies and typographical
errors, (b) any third party websites or content therein directly or
indirectly accessed through links in this Site, including but not
limited to any errors in or omissions therefrom, (c) the unavailability
of this Site or any portion thereof, (d) your use of this Site,
or (e) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) 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 THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY
NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means The Kroger
Co., its affiliates, and any officer, director, employee, subcontractor,
agent, successor, or assign of any of them.
5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references or cross references to Kroger products
and services that are not available in every country.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of Ohio, USA, as they
apply to agreements made and solely performed therein. Disputes
arising hereunder or in any way related to this Site shall be
exclusively subject to the jurisdiction of the Federal Courts
of the United States of America and/or the State Courts of Ohio,
and jurisdiction therefore shall rest solely in Ohio, USA.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by Kroger with
or without notice. Please review this link on a regular basis for changes.
Continued use of this Site following any change constitutes your acceptance
of the change.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained
on this Site and constitute the entire agreement with respect to your access
to and use of this Site. If any provision of these Terms and Conditions is
unlawful, void or unenforceable, then that provision shall be deemed severable
from the remaining provisions and shall not affect their validity and enforceability.
9. COMMUNICATIONS
Any communication or other information sent to Kroger via electronic mail or
otherwise in connection with your use of this Site, including but not limited
to suggestions, ideas and comments, will be treated as non-confidential and
all such information may be used by Kroger for any purpose without compensation.
Disclosure shall constitute an assignment of all right, title and interest in
such information to Kroger.
10. LINKS TO KROGER WEB PAGES
10.1 Kroger permits links to this Site provided (a) you do not remove or
obscure, by framing or otherwise, any content, including but not limited to
the copyright notice and other notices, (b) you do not directly or indirectly
cause any portion of this Site to appear on a user's computer screen with any
material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by
or associated with you or a third party, (c) you give Kroger notice of all
such links by sending an e-mail to webmaster@kroger.com, and (d) you
discontinue providing links to this Site if notified by Kroger.
10.2 When linking to this Site you may use one or more Kroger logos as a
link anchor. To ensure proper usage of Kroger logos, we've presented them here. These logos are trademarks of Kroger and Kroger retains all rights in
them. Kroger grants you a limited license to use these logos solely for linking
to Kroger web pages as provided above. Logos cannot be altered or modified
other than to make them larger or smaller. Except for the limited license
provided above, Kroger does not grant, by implication, estoppels or otherwise,
any license to use any trademark, copyrighted materials or other proprietary
materials displayed on this Site and any other use is strictly prohibited.
11. IF YOU DO NOT AGREE ...
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Copyright © 2002 The Kroger Co. All rights reserved.