This website (the “Site”) is owned and operated by Brookshire Grocery Company, its affiliates, and agents (collectively, “Brookshire”), and provides online access to information about FRESH by Brookshire’s, as well as products and services offered by Brookshire and available or enabled through the Site including without limitation mobile applications, texting services, and other information and services of general interest to Brookshire customers (collectively, “Products and Services”). Any reference to the “Site” hereunder shall include and incorporate “Products and Services” as defined herein.
You must be at least 18 years of age to access or use the Site. If you are under the age of 18, you may access or use the Site only with the express permission of your parent or legal guardian. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site.
Right to Terminate Access
Brookshire, acting in its sole discretion and without notice, may deny any person access to, or use of, all or part of the Site, including any or all of the Products and Services, and may terminate any person’s access to, or use of, all or part of the Site, including any or all of the Products and Services.
Links to Other Websites
Trademark and Copyright Notice
All content, information, material, software, products, or services utilized on or through the Site (collectively “Content”) is the sole property of Brookshire or its content suppliers or vendors and is subject to trademark, service mark, copyright, and other intellectual property or proprietary rights held by Brookshire or its content suppliers or vendors and is protected by United States and international trademark and copyright laws. All Content on the Site not owned by Brookshire is the property of or is used under license from their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brookshire.
Except as provided herein or as permitted by applicable law, you may not upload, post, reproduce, or distribute in any way the Content protected by trademark, service mark, copyright, or any other intellectual or proprietary right, without obtaining express permission of the owner of the protected right. No title, rights, or interests in any downloaded materials from the Site are afforded you as a result of such downloading for personal, noncommercial use. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide Brookshire a written notification containing the information specified below. To notify Brookshire, please direct written notification to the following address: Brookshire Grocery Company, Attn: Legal Department, P.O. Box 1411, Tyler, Texas 75710. Please note that this procedure is exclusively for notifying Brookshire that your copyrighted material has been infringed; you may also be required to provide written notification to content suppliers and vendors for the Site such as Mercatus.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Restrictions on Use of the Site and its Content
The Site and its Content are intended for your personal, non-commercial use only. Except as permitted herein and as may be specifically agreed in writing by Brookshire, no Content from the Site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way, except that where the Site is intentionally and specifically configured to enable the viewing or downloading of particular Content, visitors may view and download one copy of such Content to a single computer for the visitor’s personal use only, provided that visitors (a) keep intact all copyright, trademark, and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of Brookshire’s services or brands. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.
License and Access to the Site
Reviews, Comments, Communications, and other Content
You may not submit or post any materials to the Site if doing so would be unlawful or would violate or infringe the rights of any person or entity. If you submit or post any materials to the Site, you represent and warrant to Brookshire that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity. You may not submit or post any materials to the Site that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; (c) advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. By submitting or posting materials to the Site, you give Brookshire the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. Brookshire has the right, but not the obligation, to screen materials submitted or posted to the Site by third parties, and to remove or edit any such materials for any reason and without notice. Brookshire takes no responsibility and assumes no liability for any content posted by you or any third party.
Food, Nutritional, and Wellness Information
The Site may provide information about food, safe food handling, and preparation methods, as well as nutritional information. This information is provided for education and informational purposes only and is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources or the advice of nutritional professional. Brookshire may provide nutritional information about recipes on the Site; this information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly. Brookshire does not warrant the recipes contained on the Site or the results of preparing the recipes.
Any health or wellness related content provided on the Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health or diet. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. Brookshire does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
When you send emails to Brookshire, you are communicating with us electronically and consent to receive return communications, if any, from Brookshire electronically. You agree that all agreements, notices, disclosures and other communications that Brookshire may provide to you electronically satisfy any legal requirement that such communications be in writing.
Mobile Applications and Texting Services
Mobile Application Users:
FRESH by Brookshire’s Text Club:
Text FRESH to 81058 to join FRESH by Brookshire’s text club. Message and data rates may apply. Text STOP to 81058 to opt out and to discontinue further participation. Text HELP to 81058 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting in to this texting service, you consent to receive mobile text alerts from an automatic telephone dialing system. Message frequency may vary.
Text VINO to 25882 to join FRESH by Brookshire’s Wine Club. Must be 21 years or older to participate. Message and data rates may apply. Text STOP to 25882 to opt out and to discontinue further participation. Text HELP to 25882 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting in to this texting service, you consent to receive mobile text alerts from an automatic telephone dialing system. Message frequency may vary.
Text BREW to 25882 join FRESH by Brookshire’s Brew Club. Must be 21 years or older to participate. Message and data rates may apply. Text STOP to 25882 to opt out and to discontinue further participation. Text HELP to 25882 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting in to this texting service, you consent to receive mobile text alerts from an automatic telephone dialing system. Message frequency may vary.
Compatible carriers may include, but are not limited to: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, Cricket, Google Voice, Claro Puerto Rico, Associate Carrier Group (ACG), Peerless Network, ClearSky (RCG), Interop (Tier 2/3), and Virgin Mobile.
Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
ALTHOUGH BROOKSHIRE RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMMISSIONS, OR INACCURACIES, BROOKSHIRE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SITE OR BROOKSHIRE STORES, OR THAT ANY ERROR, OMMISSION, OR INACCURACY WILL BE CORRECTED. BROOKSHIRE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROOKSHIRE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY OR THROUGH THE SITE, PRODUCTS AND SERVICES, OR BROOKSHIRE STORES.
BROOKSHIRE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH YOUR USE OR THE CONTENTS OR SERVICES PROVIDED BY OR THROUGH THE SITE, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO DISCONTINUE USE OF THE SITE AND REQUEST THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION BE DELETED. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BROOKSHIRE’S LIABILITY IS LIMITED AND ALL WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT BROOKSHIRE’S LIABILITY, IN NO EVENT, SHALL EXCEED ONE HUNDRED DOLLARS ($100).
Choice of Law
Waiver of Jury Trial and Class Action Claims
EACH PARTY, ON BEHALF OF ITSELF AND ANY PERSON CLAIMING BY OR THROUGH IT, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THESE TERMS AND CONDITIONS, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY COURSE OF DEALING, STATEMENTS, WHETHER VERBAL OR WRITTEN OR ACTION OF OR BY A PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTY (BOTH YOU AND YOUR AFFILIATES, ON ONE HAND, AND BROOKSHIRE AND ITS AFFILIATES ON THE OTHER HAND), ON BEHALF OF ITSELF AND ANY PERSON CLAIMING BY OR THROUGH IT, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY AGREE THAT ANY CLAIMS OR CONTROVERSIES BETWEEN THE PARTIES MUST BE BROUGHT AGAINST EACH OTHER ON AND INDIVIDUAL BASIS ONLY AND AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE A CLAIM OR SEEK RELIEF AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION IN ANY JURISDICTION OR FORUM. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THESE TERMS AND CONDITIONS.
If you have any other questions or concerns, please feel free to contact us at:
FRESH by Brookshire’s
Attn: FRESH Ideas
P.O. Box 1411
Tyler, Texas 75710
By Telephone (Toll-Free): 1-888-WE RESPOND (1-888-937-3776)
By Email: [email protected]