Terms and Conditions

Last update: March 22, 2023

Agreement between User and cms-uat-pch.unataops.com

Welcome to cms-uat-pch.unataops.com. The cms-uat-pch.unataops.com website (the “Site”) is comprised of various web pages operated by Golub Corporation DBA Price Chopper and Market 32 (“Price Chopper”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your continued use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. If you violate or do not agree to these Terms, then you should not use the Site.

The Site is an Our Site is for the purpose of acquiring groceries and grocery related services.

Changes to Terms

Price Chopper reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Price Chopper encourages you to periodically review the Terms to stay informed of our updates.

We may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.

Privacy and Additional Terms

Your use of the Site is subject to Price Chopper’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those products, services, programs, promotions, or other offers, as may be further explained in such terms, conditions or policies (collectively, the “Additional Terms”).

Other relevant Additional Terms may include:

Communications

Visiting the Site, setting up an account, or sending emails to Price Chopper constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. We may communicate and transact with you electronically through the Site or through other electronic means.

Price Chopper may place informational telephone calls or text messages to any telephone number you provide when placing a product order or registering for a service. Your telephone carrier may charge message or data rates for such calls or messages. You are not required to consent to receive any calls or text messages in order to purchase goods, however, failure to provide consent may impact services that are designed to use the telephone or text messaging functionality. There may also be limited situations, such as a product recall, where you could receive a telephone call from Price Chopper without having provided prior consent. Any calls you receive from or make to Price Chopper may be recorded.

You can also give us consent to send you marketing text messages. Again, your carrier may charge message or data rates for such messages. These messages could be automatically generated or sent using automatic means.

You can stop receiving text messages from us at any time. For assistance call: 1-800-666-7667.

Your Account

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. You may not assign or otherwise transfer your account to any other person or entity. You must notify Price Chopper immediately of any breach of security or unauthorized use of your account. You acknowledge that Price Chopper is not responsible for third party access to your account that results from theft or misappropriation of your account, but you may be liable for the losses of Price Chopper or others due to such theft or misappropriation. Price Chopper reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Minimum Age / Underage

Price Chopper does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Certain products are subject to age restrictions, and Price Chopper will not sell those products to individuals that do not meet the minimum age requirements. You must present an acceptable government-issued identification document with proof of age at the time of delivery or pickup for any online orders of alcoholic beverages. Price Chopper reserves the right to refuse service and cancel orders of alcoholic beverages if you are unable to provide proof of age, are visibly intoxicated, or otherwise fail to comply with our alcoholic beverage policies. You may not select the “unattended delivery” option for orders that include alcoholic beverages.

Monitoring by Price Chopper

Price Chopper has the right (but not the obligation), in its sole discretion, to monitor, evaluate, and analyze content, and any use of and access to the Site, including to determine compliance with these Terms. Price Chopper will also have the right (but not the obligation), in its sole discretion, to edit, move, delete, or refuse to make available any content made available through, the Site, for any reason, including violation of these Terms, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any content you make available, and you agree to indemnify Price Chopper for all claims resulting from any content you make available.

Cancellation/Refund Policy

Items purchased online may be refundable via Instacart. Contact customer service at 1-800-666-7667 with questions.

Links to Third-Party Sites/Third-Party Services

Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Price Chopper may share such information and data with any third party with whom Price Chopper has a contractual relationship to provide the requested product, service, or functionality on behalf of Site users and customers.

Location-Based Services

If you enable location-based services on your computer or other device in connection with your use of the Site, you consent to Price Chopper collecting the precise location information of your device. This information will be used as set forth in our Privacy Policy.

Product and Service Images and Descriptions

Manufacturers, suppliers and other partners provide the product information you see on our Site product catalog. While we utilize reputable sources, we cannot verify or guarantee the accuracy of all product images, packaging, descriptions, and nutritional claims and allergen information.

We try to describe and display the features of all the products and services shown on the Site as accurately as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site are accurate, complete, current, or entirely error-free. Descriptions or images of products on the Site should not be interpreted as endorsements of such products.

Product packaging and material may contain more and/or different information from the website, including the product description, country of origin, nutrition, ingredient, allergen and other information. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations.

All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider.

Always read labels, warnings, and directions and other information provided with the product before using or consuming a product. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. For additional information about a product, please contact the manufacturer.

We may make changes to the Site at any time and without notice. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

Prices

The prices applicable to your order will be those in place on the date and time the order was placed. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Such promotional prices may not be available in physical Price Chopper stores. Likewise, promotional prices and discounts offered in physical Price Chopper stores or on other sites or services may not be available through the Site. Certain services, products and/or programs may not be available at all locations. Prices at physical Price Chopper stores or on other sites or services may vary from the prices listed on the Site, and these stores will have no obligation to honor or match such prices. In the event a product or service is listed at an incorrect price due to a typographical or other error, Price Chopper shall have the right to cancel any orders for products or services listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes.

Variable Weight Items

The per-item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have sourced, processed and weighed your order, and will appear on the invoice or receipt you receive at the time of delivery or pickup.

Promotion Codes

Promotion codes are valid only on orders placed via the Site, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We are not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason.

Digital Coupons

You will find our current policies regarding the use of coupons on the Site by visiting our Coupon Policy or by contacting our Customer Support Center.

Minimum Purchase and Spending Limit

Price Chopper reserves the right to establish a minimum purchase amount and spending limit for your account. Your right to use Price Chopper delivery is also subject to limits established by your payment card issuer.

Updates/Cancellations to an Existing Online Order

You may update or cancel an existing online order until the date and time noted via Instacart and your order confirmation email. Updates or cancellations can be made via the order status page. Note that if you update an order, prices will be adjusted to the prices applicable at the time of your update. If you change the delivery or pickup date, your desired items may no longer be available. Please contact the Customer Support Center with questions about updates and cancellation of orders, including any applicable cancellation fees.

No Unlawful or Prohibited Use/Intellectual Property

Subject to your strict compliance of the Terms, Additional Terms, and Privacy Policy, You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site for your non-commercial use only and only to the extent the access and use does not violate the Terms. a condition of your use of the Site, you warrant to Price Chopper that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Price Chopper or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Price Chopper content is not for resale. the content found on the Site solely for your personal and non-commercial use. You will make no other use of the content without the express written permission of Price Chopper and the copyright owner. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Price Chopper or our licensors except as expressly authorized by these Terms.

Trademarks

The names, marks and logos appearing in the Site’s content are, unless otherwise noted, trademarks owned by or licensed to Price Chopper. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Price Chopper makes fair use of the contents of trademarks owned and used by third parties. Price Chopper makes no claim to ownership of those marks.

You may not use Price Chopper trade names, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent Price Chopper specifically agrees in writing.

Use of the Price Chopper Mobile Application

If you are using Price Chopper’s mobile application (the “App”), you agree to use the App in accordance with these Terms and any applicable third-party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using the Apple App Store or Google Play, as applicable. You are responsible for reviewing the applicable terms and conditions and complying with such terms and conditions while using the App.

International Users

The Site is controlled, operated and administered by Price Chopper from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Price Chopper content accessed through the Site in any country where it is prohibited by any applicable laws, restrictions or regulations or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Price Chopper, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Price Chopper reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Price Chopper in asserting any available defenses.

Arbitration; Class Action Waiver

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration will take place in Albany, New York. You and Price Chopper shall select jointly one arbitrator from a panel of arbitrators submitted by AAA who have, to the fullest extent possible, experience with and knowledge of the relevant industry. If you and Price Chopper are unable to select jointly an arbitrator, the AAA shall appoint the arbitrator. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Price Chopper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, the remaining portions of the arbitration agreement will remain in force.

Liability Disclaimer

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRICE CHOPPER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PRICE CHOPPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, FUNCTIONALITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRICE CHOPPER AND/OR ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR SOFTWARE OR ANY INFORMATION, CONTENT, PRODUCTS, AND RELATED GRAPHICS OFFERED THROUGH THE SERVICES OR SOFTWARE, OR ANY ELECTRONIC COMMUNICATION SENT BY PRICE CHOPPER, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE CHOPPER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES,. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT PRICE CHOPPER’S WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND PRICE CHOPPER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRICE CHOPPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRICE CHOPPER AND/OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Price Chopper respects the intellectual property rights of others and Price Chopper asks its users to do the same. If you are a copyright owner or an agent thereof and believe that any of the content or material on the Site infringes upon your copyrights, you may submit a notification to Price Chopper pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Price Chopper’s Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):

(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;

(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;

(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;

(v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Price Chopper’s Designated Agent for receiving notifications of claimed infringement is:

Golub Corporation DBA Price Chopper and Market 32

Attn: Legal Dept.
461 Nott Street
Schenectady, New York 12308

Email Address: [email protected]

In accordance with the DMCA and other applicable law, Price Chopper has adopted a policy of terminating, in appropriate circumstances and at Price Chopper’s sole discretion, users who are deemed to be repeat infringers. Price Chopper may also, in Price Chopper’s sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of whether there is any repeat infringement.

Termination/Access Restriction

Price Chopper reserves the right, in its sole discretion, to limit or terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York, Albany County in all disputes arising out of or relating to the use of the Site, subject to the Arbitration clause above. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Price Chopper as a result of these Terms or use of the Site. Price Chopper’s performance is subject to existing laws and legal process, and nothing contained herein is in derogation of Price Chopper’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Price Chopper with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Price Chopper will not be liable for any failure to perform any obligation contained in these Terms due to, directly or indirectly, the failure of any equipment, transmission, or delivery problems, or any industrial dispute, war, natural disaster, act of terrorism, explosion, act of god, or any other event beyond its control. The failure of Price Chopper to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Price Chopper’s rights with respect to such breach or any subsequent breaches.

Price Chopper may assign, transfer, or sublicense any or all of its rights or obligations under these Terms without restriction. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Price Chopper with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Price Chopper with respect to the Site. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Price Chopper welcomes your questions or comments regarding the Terms:

Golub Corporation DBA Price Chopper and Market 32
461 Nott Street
Schenectady, New York 12308

Email Address:

[email protected]

Telephone number: 1-800-666-7667