Fred Meyer

General Terms of Use

Last Updated:  September 22, 2015

PLEASE CAREFULLY READ THESE GENERAL TERMS OF USE BEFORE USING FRED MEYER' WEBSITE, REGISTERING FOR AN FRED MEYER' ACCOUNT, OR SUBMITTING AN ORDER FOR FRED MEYER PRODUCTS OR SERVICES. THESE GENERAL TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF FRED MEYER' WEBSITE AND RELATED PRODUCTS AND SERVICES, EXEMPTS FRED MEYER' AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY ACCESSING OR USING FRED MEYER' WEBSITE, REGISTERING AN FRED MEYER ACCOUNT OR SUBMITTING AN ORDER FOR FRED MEYER PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE MOST CURRENT VERSION OF THESE GENERAL TERMS OF USE. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS OF USE, YOU MAY NOT ACCESS OR USE FRED MEYER' WEBSITE, REGISTER FOR A FRED MEYER ACCOUNT OR SUBMIT AN ORDER FOR FRED MEYER PRODUCTS OR SERVICES.

  1. Binding Contract:   These General Terms of Use are a binding legal agreement between you and Fred Meyer regarding your access to and use of Fred Meyer' website located at https://fredmeyer.storefront.com/ (the “ Website ”) and the products and services provided by Fred Meyer (collectively “ Products and Services ” and each a “ Product ” or “ Service ”, as applicable). By accessing or using any aspect of the Website, registering for an Fred Meyer account or submitting an order for a Product or Service, you acknowledge and signify that you have read, understood, and agreed to the most current version of these General Terms of Use. If you do not accept and agree to the most current version of these General Terms of Use, you may not access or use Fred Meyer website, register for an Fred Meyer account or submit an order for a Product or Service. These General Terms of Use are in addition to any other agreement you may have with Fred Meyer.

  2. Changes:   Fred Meyerin its discretion may change these General Terms of Use at any time by posting the changed General Terms of Use on the Website. The changed General Terms of Use are effective immediately upon posting on the Website, unless the changed General Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these General Terms of Use and review any changes since the previous version. By using the Website or submitting an order for a Product or Service, you signify your acceptance and agreement to the then-current General Terms of Use. You may not change, supplement or amend these General Terms of Use in any manner.

  3. Permissible Users:   You may not use the Website, register for a Fred Meyer account or submit an order for any Product or Service if you are under the age of majority in the jurisdiction in which you live or if you cannot form a legally binding contract. If you are under the age of majority, then your parent or legal guardian may register a Fred Meyer account on your behalf and submit orders for Products and Services on your behalf. You may not use the Website, register for a Fred Meyer account or submit an order for any Product or Service if you do not accept these General Terms of Use, if you breach these General Terms of Use, if you are located in a jurisdiction where access to or use of a Product or Service or the Website is prohibited by law, or if Fred Meyer has prohibited you from registering for a Fred Meyer account or ordering a Product or Service. Notwithstanding the foregoing or any other provision of these General Terms of Use, Fred Meyer reserves the right in its discretion and for its sole convenience to refuse to provide Products and Services to you or any other person.

  4. Communications:   You authorize Fred Meyer to:  accept communications it receives from you by means of the Website or email as if those communications had been given directly by you in writing and signed by you;  disclose your communications to Fred Meyer affiliates and services providers; and  respond to your communications through the Website, by email or other means of communication as Fred Meyer considers appropriate. Communications that you send to Fred Meyer are not effective unless and until they are processed by the responsible Fred Meyer representative. Fred Meyer may refuse to process communications that you send to Fred Meyer, or may reverse the processing of any communications that you send to Fred Meyer, at any time in Fred Meyer discretion and without any notice or liability to you or any other person.

  5. Personal Information Privacy:   By accepting these General Terms of Use you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with Fred Meyer' Privacy Policy as amended from time to time and as otherwise permitted by applicable law.

  6. Permissible Use:   You may use the Website and Products and Services solely for your lawful, personal, non-commercial purposes, in the manner permitted by these General Terms of Use and all applicable laws. Using the Website, the Products or Services for any other purpose or in any other manner is strictly prohibited.

Without limiting the foregoing, the following is a non-exhaustive list of prohibited uses of the Website and the Products and Services:  uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, or otherwise objectionable;  uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; and  uses that infringe the rights (including copyright, personality rights, privacy rights, moral rights or other intellectual property rights) of any other person.

Website users who violate the permissible uses of the Website, the Products or Services may incur criminal or civil liability. Fred Meyer may in its discretion report perceived violations of applicable law to law enforcement authorities. Fred Meyer will cooperate with law enforcement authorities in the investigation of suspected unlawful conduct.  

  1. The Website:

  1. Linked Sites:   For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “ Linked Sites ”). Linked Sites are independent from Fred Meyer, and Fred Meyer does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against Fred Meyer arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

  2. Prohibited Activities:   You will not:  circumvent the ordinary navigational structure or presentation of the Website or its content;  access or obtain the Website content or other data by any means that is not purposely made available to you by the Website;  gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or  test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.

Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.

  1. Transactions:

  1. Misprints/Errors:   Fred Meyer endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect details for a Product or Service) and other errors may sometimes occur. Fred Meyer does not warrant that the content on the Website (including Product descriptions, photographs and colours) is accurate and complete. Fred Meyer reserves the right to correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and change at any time the Products and Services advertised on the Website, the prices, fees, charges and specifications of those Products and Services and any other Website content, all without any notice or liability to you or any other person. If you submit an order for a Product or Service for which incorrect information was displayed on the Website, Fred Meyer will provide you with a reasonable opportunity to cancel your order.

  2. Availability:   Products and Services advertised on the Website may not be available when ordered or thereafter. If you order a Product or Service that is not available, Fred Meyer will notify you by email. Fred Meyer reserves the right in its discretion to refuse to accept or cancel any order you submit and to limit quantities available for sale or sold to you.

  3. Prices:   All prices and other amounts appearing on the Website are quoted in U.S. dollars, unless expressly indicated otherwise. Fred Meyer reserves the right to change prices advertised on the Website at any time. The total price of your order will include the price of the ordered Products and Services plus all applicable delivery charges, handling charges and taxes. The price, applicable taxes and charges will appear on the completed order form, and will be charged to your specified payment service when your order is accepted by Fred Meyer.

  4. Orders:   The advertisements on the Website are invitations to make offers to purchase Products and Services and are not offers to sell. Your properly completed and delivered order constitutes your offer to purchase the Products and Services referenced in the order. Your order will be deemed accepted by Fred Meyer when Fred Meyer processes payment for your order or sends (by email) an order acceptance notice to you, whichever is sooner.

  5. Order Cancellation:   Because Fred Meyer endeavours to fill orders quickly, you may not cancel an order except in accordance with section 8(a) and in accordance with applicable law.  

  6. Payment:   You may pay for your purchases with the payment methods specified on the Website. Fred Meyer obtains payment pre-approval from your payment service when your order is processed. The purchase payment will be charged to your payment service if and when your order is processed. Except as expressly set forth in these General Terms of Use or otherwise required by applicable law, pre-paid fees are not refundable under any circumstances.

  7. Delivery:   Fred Meyer will ship Products you order to the delivery address specified in your applicable accepted order. Shipping and delivery times will depend on Product availability and the delivery method selected in your order.

  8. Returns:  If your order is incorrect or defective, refer to Fred Meyer' Returns Policy.

  1. Proprietary Rights:

  1. Ownership of the Website:   Copyright © 2015 SF Online Sales Inc.  All rights reserved.

The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole), the Products and Services and all related proprietary rights (including copyright and other intellectual property rights) are owned solely by Fred Meyer and its licensors, and are protected by Canadian and international copyright and other intellectual property laws.

The Website and its content, and the Products and Services may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or otherwise disclosed or distributed in any way (as applicable), in whole or in part, for any purpose whatsoever, without the express prior written consent of Fred Meyer.

Your use of the Website, or purchase or use of a Product or Service does not transfer to you any right, title or interest in, to or associated respectively with the Website or its content or the Product or Service.

  1. Trademarks:   Fred Meyer, and related logos are registered or unregistered trademarks and service marks owned or licensed by SF Online Sales Inc. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.

  2. Feedback:   If you give to Fred Meyer any feedback (including any comments, ideas or suggestions for corrections, enhancements or improvements) regarding a Product, Service or the Website, then Fred Meyer and its successors, assigns and licensees may use the feedback for any and all purposes (including to support, maintain and improve Products, Services and the Website) without providing any compensation or attribution to you or any other person.

  3. Reservation:   All rights not expressly granted by these General Terms of Use are reserved by Fred Meyer.

  1. Accounts:

  1. General:   To access and use certain features of the Website, Fred Meyer may require that you register with Fred Meyer, have a valid and subsisting account with Fred Meyer (an “ Account ”), and use a valid user name and password that complies with Fred Meyer' technical requirements (collectively “ Credentials ”).

  2. Restrictions/Requirements:  Except as expressly set forth in section 10(e):  you may not create an Account for any other person; and  your Account and Credentials are personal to you and may not be shared with or use by any other person. You are fully responsible and liable for maintaining the confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting loss and damage.

  3. Notices:   You will immediately notify Fred Meyer by email to websalessupport@storefront.com if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.

  4. Cancellation/Suspension/Termination:   Fred Meyer in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive. If your Account is suspended, cancelled or terminated by Fred Meyer, you may not create another Account without Fred Meyer' express prior written consent.

  5. Accounts for Children:   You may create an Account for a child for whom you are the parent or legal guardian, and in those circumstances you and your child are jointly and severally responsible and liable for the Account and related Credentials.

  1. Accurate Information:   To create an Account or to order a Product or Service, Fred Meyer may require that you provide certain information about yourself (including your name, residential address, email address, other contact information) and payment information. You represent and warrant that all information you provide to Fred Meyer is true, accurate, current and complete, and that you will update the information from time to time so that it remains true, accurate, current and complete. Fred Meyer will rely on the information that you provide. Fred Meyer is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but Fred Meyer may do so in its discretion, and you hereby consent to Fred Meyer making reasonable inquiries as Fred Meyer considers appropriate to verify the information you provide. You hereby authorize Fred Meyer to create and permanently retain records of all information that you provide to Fred Meyer and all communications between you and Fred Meyer and to use, retain and disclose that information as reasonably necessary to provide Products and Services and to otherwise perform Fred Meyer' obligations and exercise Fred Meyer' rights under these General Terms of Use. You are solely responsible and liable for all loss, damage and expense that you, Fred Meyer or any other person may suffer or incur as a result of your submission of any false, inaccurate, out of date or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under this section 11.

  2. Your Content:

  1. Confirmation:  You hereby represent and warrant that you own (or have obtained proper permission to use) any photograph, image, file, content and material provided or used by you in association with any Product, Service or the Website or contained in your Account (“ Content ”), have all requisite powers, rights and authorities to use Content (including proper consent to use the image or likeness of any individual depicted in Content), and use of Content will not infringe the rights (including copyright, personality rights, privacy rights, moral rights or other intellectual property rights) of any other person.

  2. Ownership:  You will retain ownership of Content. You hereby grant and agree to grant to Fred Meyer and its successor, assigns and licensees a non-exclusive, royalty-free license to use, copy, distribute and display Content in order to provide you the Services and to fulfil your orders for Products in accordance with these General Terms of Use. For clarity, any material, tools, features, templates or layout provided to you by Fred Meyer in which you use to arrange or organize Content remain proprietary to Fred Meyer.

  3. Responsibility:  You are solely responsible for:  any violation of the rights (including copyright, personality rights, privacy rights, moral rights or other intellectual property rights) of any person that may incur as a result of your use of the Website or in connection with any Product or Service ordered by you; and  preserving and making back-up copies of Content on your personal system (the Website and the Services are not intended as a storage or other source of repository for Content).

  1. Disclaimers, Liability Exclusions/Limitations, and Indemnity:

  1. GENERAL DISCLAIMER:   YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE SELECTION AND USE OF PRODUCTS AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU USE THE WEBSITE AND PRODUCTS AND SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY FRED MEYER TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, FRED MEYER DOES NOT REPRESENT OR WARRANT THAT PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF FRED MEYER WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.

  2. LIABILITY EXCLUSIONS/LIMITATIONS:  NOTWITHSTANDING ANY OTHER PROVISION OF THESE GENERAL TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

    (I) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STOREFRONT GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF PRIVACY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, THE PRODUCTS AND SERVICES OR ANY RELATED MATTER; AND

    (II) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE GENERAL TERMS OF USE STOREFRONT GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STOREFRONT GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, PRODUCTS AND SERVICES OR ANY RELATED MATTER EVER EXCEED THE LESSER OF: (A) THE FEE, PRICE OR OTHER AMOUNT (EXCLUDING TAXES) THAT YOU ACTUALLY PAID TO STOREFRONT FOR THE RELEVANT PRODUCT OR SERVICE; AND (B) CDN$50.00. THIS SECTION 14(b) APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY STOREFRONT OR ANY PERSON FOR WHOM STOREFRONT IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR STOREFRONT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.

  3. EXCEPTIONS:   THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE GENERAL TERMS OF USE MIGHT NOT APPLY TO YOU.

  4. INDEMNITY:   YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS STOREFRONT GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE, THE PRODUCTS AND SERVICES OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE GENERAL TERMS OF USE. NOTWITHSTANDING THE FOREGOING, STOREFRONT GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

  5. DEFINITION:   IN THIS SECTION 14, “ STOREFRONT GROUP ” MEANS STOREFRONT AND EACH OF STOREFRONT’S LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

  1. Suspension/Termination:

  1. Suspension:   Fred Meyer in its discretion may immediately suspend or restrict your Account and your permission to access and use the Website and order Products and Services at any time without notice or liability to you or any other person.

  2. Termination:   These General Terms of Use as they apply to you are effective unless and until terminated as set forth in this section 15(b). You may terminate these General Terms of Use as they apply to you by permanently closing/deactivating your Account (if any) and ceasing use of the Website. Fred Meyer in its discretion may for its sole convenience terminate these General Terms of Use at any time by giving a notice of termination to you or by permanently closing/deactivating your Account.

  3. Consequences of Termination:   Notwithstanding any other provision of these General Terms of Use, the obligations and liabilities you incur prior to termination of these General Terms of Use will survive termination, and sections 5, 6, 8, 9, 11, 14, and 15 of these General Terms of Use (and all other provisions of these General Terms of Use necessary to their interpretation or enforcement) will survive termination and continue to apply and be binding upon you and Fred Meyer.

  1. General Matters:

  1. Governing Law:   These General Terms of Use, the Website, the Products and Services, the relationship between you and Fred Meyer, and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

  2. Disputes:   The courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada will have original and exclusive jurisdiction over any and all disputes arising from, connected with or relating to these General Terms of Use, the Website, the Products and Services, the relationship between you and Fred Meyer  or any related matter, and you and Fred Meyer  each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those courts regarding those disputes.

  3. Notices:   Fred Meyer may deliver notices to you by email or postal mail to any of the addresses that you provide to Fred Meyer (including when you subscribe for your Account or when you submit an order for a Product or Service). You are solely responsible for ensuring that your email addresses on file with Fred Meyer are and remain current and correct throughout the term of these General Terms of Use, and you will promptly give notice to Fred Meyer of any change to your email addresses.

  4. Force Majeure:   Notwithstanding any other provision of these General Terms of Use, Fred Meyer will not be liable for any delay in performing, or failure to perform, any of its obligations under these General Terms of Use to the extent performance is delayed or prevented due to any cause or causes that are beyond Fred Meyer' control. Any delay or failure of that kind will not be a breach of these General Terms of Use byFred Meyer, and the time for Fred Meyer' performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

  5. Miscellaneous:   No consent or waiver by Fred Meyer to or of any breach by you of these General Terms of Use will be effective unless the consent or waiver is confirmed in a document that is signed by Fred Meyer or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Fred Meyer' rights and remedies under these General Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Fred Meyer may be lawfully entitled under these General Terms of Use or at law, and Fred Meyer will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. If any provision of these General Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these General Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these General Terms of Use would fail in their essential purpose. You may not assign these General Terms of Use or any of your rights, licenses, duties or obligations under these General Terms of Use. Fred Meyer in its discretion may assign these General Terms of Use and any or all of Fred Meyer' rights, licenses, duties and obligations under these General Terms of Use. Fred Meyer may engage subcontractors to perform Fred Meyer obligations under these General Terms of Use. The provisions of these General Terms of Use will enure to the benefit of and be binding upon you and Fred Meyer and your respective successors, permitted assigns and personal representatives.

  6. Interpretation:   In these General Terms of Use:  a reference to the “ General Terms of Use ” and other similar terms refers to these General Terms of Use as a whole, and not just to the particular provision in which those words appear;  headings are for reference only and do not define, limit or enlarge the scope or meaning of these General Terms of Use or any of its provisions;  “ persons ” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities;  words importing the singular number only include the plural and vice versa;  words importing a gender include both genders;  “ including ” and “ includes ” mean including or includes (as applicable) without limitation or restriction;  “ law ” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and  “ discretion ” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.

  7. Complete Agreement/Governing Language:   These General Terms of Use set forth the entire agreement between you and Fred Meyer regarding the subject matter of these General Terms of Use (including the Website and the Products and Services), and supersede all prior or contemporaneous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these General Terms of Use. Except as expressly set forth in these General Terms of Use, these General Terms of Use may not be modified except by a written document that expressly states that it is an amendment to these General Terms of Use and is signed by an authorized representative ofFred Meyer. You and Fred Meyer have expressly requested and required that these General Terms of Use and all related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these General Terms of Use provided by Fred Meyer is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English translation then the English version will take priority and govern.

If you have any questions or comments regarding these General Terms of Use, or if use of the Service by a Website user infringes your copyright under the Canadian Copyright Act , please contact Fred Meyer at websalessupport@storefront.com.

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