Town & Country Markets, Inc., a Washington corporation (“Town & Country Markets”) provides all information on this website (the “Site”) subject to the following Terms & Conditions (“Terms”).
Please read these Terms carefully before using this Site. Your use of this Site in any manner, including with respect to the operations of, and to place orders from, any of Town & Country Markets’ participating supermarket locations, binds you to these Terms. These Terms are effective unless and until modified, replaced, or terminated by Town & Country Markets. If you do not agree with any of these terms and conditions, do not use this Site. By using the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Further, by placing any order, you are certifying that you have the right to use each credit card or payment method used for payment; that you are the person associated with the account used to place the order; and that you are of legal age to purchase each product including in the order (including, should they become available for online ordering, alcoholic products). Town & Country Markets shall have no responsibility to verify any of the foregoing, except to the extent expressly required by governing law.
Town & Country Markets reserves the right, at any time, to modify, amend, alter, or update these Terms without notice to you. By continuing to use the Site following such modifications, amendments, alterations, or updates, you agree to be bound by such modifications, amendments, alterations, or updates. Therefore, you should periodically visit this page to review our most current Terms.
Please note that these Terms relate specifically to use of the Site for Town & Country Markets’ online ordering programs. Other products or services and other Town & Country Markets web sites may be governed by separate or additional policies or terms (e.g. Cooking School, Gift Cards, Pharmacy or Floral Delivery, and general terms and conditions) and you also will be subject to all applicable terms. In the event of a conflict between these Terms and any other general or special term, the more specific term shall apply.
Tampering with the Site, misrepresenting the identity of a user, and conducting fraudulent activities on the Site are prohibited.
Copyrights and Trademarks
Unless otherwise noted, all content on this Site constitutes copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Town & Country Markets or by third parties who have licensed their materials to Town & Country Markets and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Town & Country Markets and is also protected by U.S. and international intellectual property laws.
The Town & Country Markets names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Town & Country Markets. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner, and all rights and remedies with respect to the foregoing are expressly reserved.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account that you have not been specifically authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Town & Country Markets will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from townandcountrymarkets.com on this Site and other than generally available third party web browsers (e.g., Chrome or Microsoft Explorer).
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Town & Country Markets does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Town & Country Markets reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Town & Country Markets reserves the right, but has no obligation, to monitor areas of our Site electronically. Town & Country Markets furthers reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Site or to protect Town & Country Markets’ rights or property, or the rights of the other website users, or our partners, affiliates, sponsors, providers, licensors, or merchants.
Products and Services
Products and promotions posted on this Site, or those sent to customers by personalized e-mail, are good only for the dates indicated. Offers, promotions, and sweepstakes offered through the Site may not be available in Town & Country Markets stores. Likewise, offers, promotions, and sweepstakes offered in Town & Country Markets stores may not be available through the Site. Pricing may vary from store to store and prices offered on the Site may differ from in-store prices for the same or comparable products. Certain services and/or programs may not be available at all locations. Town & Country Markets attempts to be as accurate as possible in describing products and services. However, Town & Country Markets does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error free.
All orders submitted through the Site are subject to review and acceptance by Town & Country Markets in its sole and absolute discretion. As all prices are subject to change, your order may not be accepted or we may communicate price changes or availability issues to you after you place your order. Your receipt of an electronic or other form of order confirmation, including any automatic reply from the Site, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Rather, Town & Country Markets reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Town & Country Markets reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, including (but not necessarily) because of low stock, or actual or anticipated increase in demand. Town & Country Markets may establish limits on order sizes or on the quantities of specific products available to individual purchasers, and to periodically change such limitations, without prior notice. We may require additional verifications or information before accepting any order.
Town & Country Markets reserves the right to substitute comparable products for those specifically ordered. Where practicable, acceptable substitutes may be specified, or subject to specification, on the Site. Some products offered on the Site, including by way of example bulk food items, deli products, meats, and cheeses, are sold by weight or volume. We cannot guarantee that actual deliveries will match precisely the weight or volume ordered through the Site. The aggregate price of each order may increase by up to ten percent (10%) of the order total as a result of variations in products, weight, and other factors, without the need for Town & Country Markets to obtain any prior approval, and you shall be responsible for payment of the entire order amount, including any such excess, in the event of such variation.
All returns of products ordered through the Site must be made in person at the specific store from which the products were ordered, and must comply with the specific return policies of such store. Without limiting the foregoing, returned products must be in new condition, include original outer packaging, and must be unadulterated and undamaged. Town & Country Markets may charge a return or restocking fee for select products. You are encouraged to familiarize yourself with store return policies before placing any order, and by placing an order you accept the specific return policies applicable to the respective store location.
Timing and Delivery
Order processing time depends on a variety of factors, including order size, specific product requirements (including by way of example, products requiring measurement or personal handling or customization), the nature and size of other pending orders, store congestion, and other factors. Pickup and delivery times specified on the Site, including following placement of an order, are approximations only, and Town & Country Markets cannot guarantee precise ordering times. Delivery of products ordered through the Site is facilitated by third party vendors, and are subject to the terms and conditions of use offered by such vendors. Town & Country Markets welcomes feedback concerning your satisfaction with delivery personnel and service, but specific concerns and complaints about such personnel and service should be directed in the first instance to the delivery service. You are responsible for all delivery charges applicable to your orders placed on the Site, and any requests for refunds or adjustments to such charges must be directed to the delivery service.
Errors on Our Web Site
Town & Country Markets makes reasonable efforts to ensure that the information on this Site is accurate, current, and complete. However, there may be instances when information about a Town & Country Markets product contains inaccurate or incomplete information, such as information about the product pricing or availability. Town & Country Markets also relies on images, descriptions, and other information provided by third parties, including product growers, manufacturers, and distributors, and Town & Country Markets accepts no responsibility for the inaccuracy of any such information. Town & Country Markets does not warrant or guarantee that the information in this Site is error-free, complete, or current. Town & Country Markets reserves the right to correct errors and/or to update the content or information on this Site at any time without notice. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or otherwise, Town & Country Markets shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
Consent to Email Communication
When you visit the Site or send an email to us, you are communicating with us electronically. By initiating such communication, you consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.
Submissions, Comments, Feedback
Disclaimer and Limit of Liability
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, Town & Country Markets IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY Town & Country Markets SUPERMARKET STORE, PHARMACY, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT Town & Country Markets SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF Town & Country Markets HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF Town & Country Markets (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY; PROVIDED, THAT UNDER NO CIRCUMSTANCES SHALL Town & Country Markets BE LIABLE FOR DAMAGES IN EXCESS OF THE ACTUAL AMOUNT YOU PAID FOR THE ORDER THAT IS THE SUBJECT OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS, BUT THE APPLICABLE LIMITATIONS AND EXCLUSIONS SHALL NEVERTHELESS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND ARE DEEMED SEVERABLE FOR PURPOSES OF INDIVIDUAL ENFORCEMENT.
You agree to defend, indemnify and hold Town & Country Markets harmless from any and all claims, proceedings, damages, injuries, liabilities losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, services or content.
Applicable Law, Disputes
You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Town & Country Markets. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Kitsap County, WA and you consent to the exclusive personal jurisdiction of such courts.
Simply send us an email at email@example.com.
Effective April 30, 2020