Terms & Conditions
The mygoodsmarket.com web site (the "Site") of Convenience Retailers LLC, a Delaware limited liability company DBA My Goods Market, and its subsidiaries and affiliates (collectively, "MGM"), the use of the Site and the sale of products or services are governed by the terms and conditions of this Site set forth and referenced below (the "Agreement" or "Terms and Conditions") as well as the Site's policies and procedures. Please read this Agreement carefully before using the Site and please follow the Site's policies and procedures. Your use of the Site indicates your acceptance of this Agreement and its policies and procedures without modification of the terms, conditions and notices contained herein.
If you do not agree to the terms and conditions of this Agreement, please do not use the Site. Your continued use of this Site after the posting of changes to this Agreement (including changes to its policies and procedures) will mean you accept those changes.
MGM reserves the right, at its sole discretion, to make changes to the Site, this Agreement and the Site's policies and procedures at any time without notice. This page will always show the current version of our terms and conditions. It is your responsibility to check these Terms and Conditions periodically for changes.
You hereby agree that you shall use this Site for lawful purposes only. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes.
No material shall be posted on or transmitted or caused to be transmitted or delivered which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You agree that you shall not engage in any conduct or undertake any conduct that, in the judgment of MGM, may restrict or inhibit any other person from using or enjoying the Site, products or services. MGM may disclose user information when MGM believes in good faith that the law requires it. Advertising or commercial solicitation may not be posted on the Site by anyone other than MGM. We may suspend or stop providing our Services to you if you do not comply with our terms and/or policies or if we are investigating suspected misconduct. If you do not comply with our terms and policies, and we do not take action right away, we are not giving away any of our right.
If you are using MGM’s services on behalf of a business entity (for instance a corporation or a partnership), the respective business entity accepts these terms and conditions and will be contractually bound besides you. It will hold harmless and indemnify MGM and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms and conditions, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
*SPECIAL NOTE REGARDING USAGE BY CHILDREN AND INDIVIDUALS UNDER THE AGE OF 18: If you are a minor, you are restricted by state, Federal or other laws from purchasing certain products or services or engaging in certain conduct. You hereby acknowledge and you understand and agree that you and MGM are subject to such laws and regulations and MGM may be required to restrict or prevent you from purchasing certain products or services from the Site or from engaging in certain conduct. Such requirements may include requesting that you verify your age by appropriate identification or that you obtain the consent of a parent or guardian.
2. Restrictions and Proprietary Rights
This Site is owned and operated by MGM. Browsing on our site or using our services does not lead to you being granted any intellectual rights related to internet presence/our services (for instance you are not allowed to use brands or logos which this page shows without the explicit prior approval of the owner of the rights). All content included on this Site, including, but not limited to, the text, graphics, logos, icons, images and software, is the sole property of MGM or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of MGM and is protected by U.S. and international copyright laws. All software used on this Site is the property of MGM or its software suppliers and is protected by U.S. and international copyright laws. You may use the content and software on this Site only for the purpose of browsing on this Site or placing an order on this Site. Any other use including, but not limited to, the reproduction, modification, distribution, transmission, republication, display, removal or deletion of the content on this Site, in whole or in part, is strictly prohibited. All rights not expressly granted herein are reserved.
MGM makes no representation that materials contained in this Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. All contents of the Site are: Copyright ©Convenience Retailers, LLC, 2014. All rights reserved. My Goods Market are trademarks of MGM/Convenience Retailers LLC. All other trademarks appearing on the Site are trademarks of their respective owners. Unauthorized use of the copyrights and trademarks described in this Section 2 will be prosecuted to the fullest extent possible under applicable law.
3. Disclaimers of Warranties; Limitations on Liability.
MGM makes no warranty of any kind, express or implied, including, but not limited to, any warranties of fitness or of merchantability with respect to merchandise or products or any part thereof other than explicitly set out in these terms or additional agreements. The service provided by MGM is provided “as is”. To the extent permitted by the law, we exclude all warranties.
To the extent permitted by the law, MGM shall not be liable for injury or damage to persons or property arising out of any acts performed in relation to any obligations created by this Agreement. To the extent permitted by the law, MGM shall not be liable (in contract, tort or otherwise) for special, indirect or incidental or consequential damages in connection with any obligations created by this Agreement or arising out of any acts performed in relation to such obligations. You acknowledge that such lack of liability, without limiting the generality of the foregoing, includes lack of liability for any injury or damage to persons or property or loss of actual or anticipated profits. MGM does not authorize any representative or other person to make any covenants, representation or warranties on behalf of MGM with respect to any merchandise or products. To the extent permitted by the law the total amount MGM and its affiliates is liable under the forgoing, is limited to the amount you paid to MGM for its services. In all cases, MGM will not be liable for any amount which is not reasonably foreseeable.
Disclaimer; Limitation on Liability as to the Site.
MGM uses reasonable efforts to ensure that the information and materials contained on this Site are current and accurate. MGM makes no representations or warranties as to the accuracy, reliability or completeness of the information, text, graphics, links or other items contained on the Site. To the extent permitted by the law, MGM expressly disclaims liability for any errors or omissions in the information and materials contained on the Site. MGM reserves the right to make changes in the programs, policies, products and services described on this Site at any time without notice. INFORMATION AND MATERIALS ON THIS SITE INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE, OR FREEDOM FROM COMPUTER VIRUS. MGM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MGM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MGM EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THIS SITE. A USER WHO USES, OR MAKES DECISIONS BASED ON, INFORMATION CONTAINED ON THIS SITE DOES SO AT THE USER'S OWN RISK. IN EXCHANGE FOR USING THIS SITE, YOU AGREE TO HOLD MGM HARMLESS AGAINST ANY CLAIMS FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
TO THE EXTENT PERMITTED BY THE LAW, MGM WILL IN NO EVENT MGMBE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE PROGRAM OR RELATED WEB SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MGM, OR ITS REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. You agree to indemnify, defend and hold harmless MGM and its joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your own negligence, use, misuse, or inability to use this website or its Content, or any violation by you of this Agreement. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY MGM. FURTHER, IN NO EVENT WILL MGM BE, TO THE EXTENT PERMITTED BY THE LAW, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH ANY PURCHASE OR THE LIKE MADE BY PARTICIPANT ON THIS SITE.
4. No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to MGM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions or any other written policy or procedure for this Site. 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.
5. Third Party Sites, Content, Products and Services
This Site may include links to or from other sites on the internet that are owned and operated by third parties. MGM is not responsible for the content of any third party sites, or any sites linked to, this Site, unless such linked site is owned or operated by MGM. The fact that another site is linked to this Site does not imply that: (a) MGM sponsors, licenses, endorses, is affiliated with or that it is otherwise connected to the linked site, or to the products or services described therein or its owner; or (b) MGM has authorized the linked site to use any trademark, trade name, logo or other trademarked or copyrighted material of MGM. Unless approved in writing in advance by MGM, you agree not to provide or create a link to this Site, or to create any frames at any other web sites pertaining to any of the content located at this Site.
MGM has no responsibility for the accuracy, content, or availability of information found on sites that link to or from third parties not associated with MGM. When browsing the internet, we encourage you to use your discretion carefully. Because some such third party sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, MGM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in such third party sites, and you hereby irrevocably waive any claim against MGM with respect to such sites.
Other shop channels that links to or from this site are owned and operated by independent retailers. MGM is not involved in and not in any kind responsible for your purchase at those other shop channels operated by thirds, even if MGM is notified in advance of the potential for any such damage. MGM can therefore not be held liable for personal or financial damages related to contacts with or purchases from third parties. MGM does not endorse any of the merchandise, nor has it confirmed the accuracy or reliability of, any of the information contained in any such third party sites. MGM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against MGM with respect to such sites. You yourself must make such investigation or inquiry as you believe is necessary or appropriate before proceeding with any online or offline transaction with any of such third parties.
6. Updates and Other Changes
Changes to the content of this Site may be made periodically by MGM without notice. This page will always show the current version of our terms and conditions. By using this Site, you agree to be bound by any such revisions and, therefore, you are encouraged to visit this Site periodically and to review this Agreement to determine the then-current terms to which you are bound.
7. Privacy and online account
8. Governing Law and Jurisdiction; Mediation and Arbitration
Access to and use of this Site shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. Any dispute or claims hereunder shall first be submitted to mediation before a mediator MGM within thirty (30) days after written notice from either party demanding mediation. The parties will share the costs of mediation equally. Any dispute or claim which the parties cannot resolve through negotiation or mediation within ninety (90) days of the date of the initial demand for it by one of the parties shall then be submitted to binding arbitration using a single arbitrator in Contra Costa County, California and administered by Judicial Arbitration and Mediation Services, Inc./Endispute (“JAMS”). In the event of a consumer being a party at the arbitration the venue of arbitration shall be near the consumers registered home address. The use of mediation will not be construed under the doctrine of latches, waiver or estoppel to affect adversely the rights of either party. Any party requesting arbitration shall serve a written demand for arbitration on the other party in dispute. The demand shall state the nature of the dispute, the amount involved and the remedies sought. The parties shall select the arbitrator pursuant to JAMS’ rules. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek provisional equitable relief by court action, before or after instituting arbitration or mediation, including, without limitation seeking and obtaining temporary restraining orders, injunctions, or other provisional or ancillary remedies, and the institution and maintenance of any such action shall not constitute a waiver of the right to arbitrate the controversy or claim. The parties shall be entitled to discovery pursuant to California Code of Civil Procedure Sections 1283.05 and 1283.1. The arbitrator shall award the costs and expenses of arbitration, including attorneys’ fees, to the prevailing party as part of its award, in addition to all other relief granted.
9. Waiver and Severability
No delay or omission by MGM to exercise any right occurring upon any action, inaction or noncompliance on your part with respect to any of the terms and conditions of this Agreement or policies of this Site shall impair any such right or power or be construed to be a waiver thereof or a waiver by MGM of any other rights arising hereunder. If any provision of these Terms and Conditions is void or unenforceable in whole or in part, such provision shall be deemed to be void to the extent of such invalidity and the remainder of these Terms and Conditions shall remain in full force and effect.
10. Entire Agreement; Miscellaneous
These Terms and Conditions constitute the entire agreement of the parties with respect to this Site and any information, software, products or services associated with it, and supersede all prior communications, promises and proposals, whether oral, written or electronic, between you and MGM with respect to this Site. The failure of MGM to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms and Conditions are reserved to MGM and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with MGM’s prior written consent. MGM may transfer, assign or delegate these Terms and Conditions and its rights and obligations without consent. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.