YOUR USE OF THE GIANT EAGLE® SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS.
As used herein, ‘you,’ ‘your,’ and ‘user’ means the person, including the company or organization the person represents, that uses the Site, Vendor Portal, Deal Management program or any other related sites (collectively, “Site”) or registers on the Site, and “we,’ ‘our,’ ‘us,’ refers to Giant Eagle, Inc® (“Giant Eagle”).
- PASSWORD. You may receive a password for access to the Site. Use of the password by unauthorized third parties and disclosure of knowledge acquired through use of the password to third parties is prohibited. You must use all reasonable efforts to prevent the disclosure of your password to unauthorized third parties. In the event of any loss or theft of any password, or if you believe the confidentiality of your User Codes has been compromised in any way, or in the event you learn about a possible or actual unauthorized use of the Website with your password, you must immediately inform Giant Eagle®. You shall be liable for all damages that occur as a result of the use of the password by unauthorized third parties. Giant Eagle® reserves the right to revoke your password at any time without prior notice.
- RESERVATION OF RIGHTS AND OWNERSHIP. The Site and all services it provides are licensed, not sold to you. Giant Eagle® reserves all rights not expressly granted to you in this Agreement. The Site is protected by copyright, trade secret and other intellectual property rights. Giant Eagle® owns all right, title and interest in and to the Site and all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or service marks of Giant Eagle®. Giant Eagle® will not use your trademarks or service marks without your prior consent.
- COPYRIGHT/TRADEMARK. All Content provided on the Site, the or on any related Website is copyrighted material. Giant Eagle® and its logos are trademarks of Giant Eagle®, all rights reserved. The trademarks, trade names, logos and service marks ("Marks") displayed on the Site or any related Websites are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you may not copy, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Marks in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of the Marks’ owner. Without limiting the foregoing, you also agree not to use the Marks for any unlawful purpose, and you shall comply with any request of the Marks’ owner to protect their respective rights in the Marks.
- LINKS. The Site may contain links to other sites, Internet locations and sources of information of persons, companies, organizations and other entities that are not under the control of Giant Eagle® ("Third Party Websites"). Giant Eagle® makes no representations whatsoever about any Third Party Website to which you may have access through this Website. When you access a Third Party Website, you do so at your own risk, and Giant Eagle® is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Third Party Websites or for the quality of any products or services available on these Third Party Websites. Giant Eagle® provides such links only as a convenience and the inclusion of such links does not imply that Giant Eagle® endorses or accepts any responsibility for the content or uses of such Third Party Websites. Giant Eagle® shall have the right to store “Cookies” on your computer during use of the Site.
- PROHIBITED COMMUNICATIONS. Giant Eagle® may, but is not obligated to, monitor or review any areas on the Site. Giant Eagle®, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. You are prohibited from posting or transmitting to or from the Site or any related Website, any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material.
- WARRANTIES AND LIMITATION OF LIABILITY. (a) Except as expressly set forth in this agreement, all Content and Services on this Website are provided "as is" without any warranty of any kind and Giant Eagle® hereby expressly disclaim all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and the warranty of non-infringement or title. Without limiting the foregoing, Giant Eagle® makes no warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, complete or error-free, and (iii) the results that may be obtained from the use of the Site will be accurate or reliable. The Site may include technical or other mistakes, inaccuracies or typographical errors or may not be updated. Giant Eagle® makes no representations and assumes no liability regarding the quality, safety, accuracy, or suitability of any information, documents, materials, services or software which are referenced by or linked to this Site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied.
(b) Giant Eagle® shall not be liable for any harm caused by the transmission, through the Site, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the site or any of your software, hardware, data or property. Except (i) as otherwise provided by law and (ii) Giant Eagle's® failure to use reasonable efforts to limit access to individual user information to those Giant Eagle® customers that have been given access rights thereto by the individual user, Giant Eagle® shall have no liability for losses caused by the negligence, actions or failure to act of any third party provider, and to the extent permitted by law, neither Giant Eagle®, nor any of Giant Eagle® providers, shall be liable to you for any indirect, special, incidental or consequential damages of any kind, or any damages whatsoever (regardless of whether such damages are reasonably foreseeable), and on any theory of liability, arising out of or in connection with the use of this Site or of any third party site referenced or linked to from this Site.
(c) GIANT EAGLE® SHALL NOT HAVE ANY LIABILITY HEREUNDER FOR INDIRECT, CONSEQUENTIAL, SPECIAL, LOST PROFITS AND BUSINESS INTERRUPTION OR OTHER SIMILAR DAMAGES, EVEN IF GIANT EAGLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that all Content provided by you during the registration process is true, correct, complete and accurate.
- CONFIDENTIALITY. You agree not to disclose any Confidential Information to any third party.
- GOVERNING LAW AND JURISDICTION. By accessing this Website, you and Giant Eagle® agree that all matters relating to your access to, or use of, this Website shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws principles thereof. You and Giant Eagle® also agree and hereby stipulate and hereby submit to the exclusive personal jurisdiction and venue of Courts located in Allegheny County, Pennsylvania.