Your Use of Materials
This Website is owned and operated by Sendik’s Food Market, LLC (“Sendik’s”). Unless otherwise indicated, the content, format, and imagery of this Website are copyrighted under United States law by Sendik’s and are protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The content, format, and imagery of the Website may not be copied, published, broadcast, distributed, reproduced, or transmitted in any way without the prior express written consent of Sendik’s. Sendik’s reserves complete title and full intellectual property rights for materials downloaded from the Website. You may download one copy of the materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Sendik’s intellectual property rights.
For purposes of this Agreement, the use of any such material on any other web site or computer environment is prohibited without the express written consent of Sendik’s.
Sendik’s, the Sendik’s truck logo, and other trademarks/service marks, and logos identified on the Website are trademarks of Sendik’s Food Markets. You agree not to display or use in any manner Sendik’s trademarks without Sendik’s prior express written permission.
Your Duties as to Registration
Your Actions as a User
You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Materials"), whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Materials originated.
You agree to not use the Service to:
a. Upload, post, email, or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, any law enforcement officer, or any Sendik’s employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service;
e. Upload, post, email or otherwise transmit any Materials that you do not have a right to transmit under law or under contractual or fiduciary relationship;
f. Upload, post, email, or otherwise transmit any Materials that infringe, contribute to the infringement of, or induce others to infringe, any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
g. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional Materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post, email, or otherwise transmit anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, damage, limit, or change the functionality of any computer software, hardware, telecommunications equipment, or in any other way cause damage to the Website;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;
j. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
k. Intentionally or unintentionally violate any applicable local, state, national, or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
l. "Stalk" or otherwise harass another; or
m. Collect or store personal data about other Users.
You acknowledge that Sendik’s and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move or alter any Materials that are available via the Website. Without limiting the above, Sendik’s and anyone it designates shall have the right to remove any Materials that violate this Agreement or that Sendik’s deems objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials. In this regard, you acknowledge that you may not rely on any Materials (a) created by Sendik’s or on this Website; or (b) submitted to Sendik’s or this Website, including without limitation information contained on any Sendik’s bulletin boards and in all other parts of the Website or Service.
You understand that the technical processing and transmission of the Website and Service, including your Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of various networks or devices to which the Service is connected. This Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Sendik’s Website or any activities conducted on our Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Website is updated on a real time basis and is proprietary or is licensed to Sendik’s or its vendors or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the prior express written permission of Sendik’s.
Terms and Conditions of Use May Change
Sendik’s reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. For this reason, we encourage you to review this Agreement whenever you use this Website.
Correction of Errors and Inaccuracies
The content of this Website, including but not limited to text, pricing, availability, and descriptions may contain errors or inaccuracies, and may not be complete or current. Sendik’s reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you submitted your order and confirmation was received). We apologize for any inconvenience this may cause.
Color and Other Displayed Features
The colors and other features you see depicting merchandise on your computer equipment and with your software may depend on the nature and features of your particular equipment and software. Therefore, we cannot guarantee that your monitor's display of any color or certain other features will accurately depict the actual color or those features of the merchandise.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials and related materials obtained from Sendik’s and this Website and ceasing utilization of the Website, while fulfilling all obligations incurred by you prior to your termination of use of this Website. This Agreement will terminate immediately without notice from Sendik’s or this Website, if in Sendik’s sole discretion you fail to comply with any term or provision of this Agreement, if you are an infringer of any third party's rights, or if you engage in conduct that is illegal, tortious, or that interferes with the technological operation of this Website. Upon termination, you must destroy all materials obtained from Sendik’s or this Website and all copies, whether made under the terms of this Agreement or otherwise.
Sendik’s makes, and this Website includes, no representations or warranties with respect to Sendik’s or the contents of this Website, which are provided for use "as is" and "as available." Sendik’s and this Website disclaim all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to Sendik’s and this Website and any website with which it is linked or content provided by others to this Website. Sendik’s notifies you that much of the content of the Website is supplied by third parties who are ultimately responsible for the content supplied by them. Sendik’s does not warrant the functions, information, or links contained on or in this Website or that its contents will meet your requirements, that Sendik’s or this Website, or its contents, are fit for any particular purpose or that the operation of this Website or its contents, will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots or other harmful components. Sendik’s does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You (not Sendik’s or this Website) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Sendik’s or this Website be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this Website, even if Sendik’s or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Sendik’s total liability to you for all damages, losses, and causes of action (whether in contract, or not, including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Website. Under no circumstances shall Sendik’s be responsible for any damages related to virus infection and the resulting corruption, destruction, or alteration of a User or third party's system (including files, software, and hardware located on their systems).
Jurisdiction and Export
This Website is controlled and operated by Sendik’s from its Corporate Office in Whitefish Bay, Wisconsin, United States of America. Sendik’s and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Data from this site is further subject to United States export controls. No software from Sendik’s or this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any legal controversy or legal claim arising out of or relating to this Agreement or our Services, excluding legal action taken by Sendik’s to recover damages for, or obtain an injunction relating to, operations of this Website, intellectual property, and Services related to this Website, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Milwaukee, Wisconsin, and judgment on the arbitration award may be entered into any court having jurisdiction.
Sendik’s does not condone any information sharing agreements among its Users that would utilize information from Sendik’s that in any way would distort market forces. Sendik’s also does not condone collusion among Users, which would cause the exercise of monopoly power among buying groups. Sendik’s will not enter into and does not condone the entering into of any agreements among competitors to exclude or discriminate against web sites that are competitive with Sendik’s. Sendik’s shall not engage in over-inclusive ownership structures, rules, or incentives which would keep Users of Sendik’s from using or supporting a competitive Website.
Any communications (e-mail, mail, telephone, etc.) sent to Sendik’s shall become the exclusive property of Sendik’s. Sendik’s shall be entitled to reproduce, disclose, publish, distribute, and otherwise use any material or communications you submit for any purpose, without restriction and without compensating you in any way. For this reason, do not send us any communications that you do not wish Sendik’s to own, including but not limited to any confidential information, proprietary information, or any materials or ideas regarding new products or features, marketing or advertising strategies, or other suggested improvements. We employ a staff of highly qualified individuals who are continually updating our products, Services, and Website and may be working on concepts similar to one you have developed. This policy is to avoid any confusion over the ownership of new concepts.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. You and Sendik’s each agree to submit to the exclusive jurisdiction of the courts of the State of Wisconsin and the federal courts of Wisconsin. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter and shall not be modified except by writing, signed by both parties. Sendik’s does not guarantee continuous, uninterrupted or secure access to our Services, and operation of this Website may be interfered with by numerous factors outside of our control. You agree that this Agreement and all incorporated agreements may be automatically assigned by Sendik’s, in its sole discretion. Headings within this Agreement are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The failure of Sendik’s to act with respect to a breach of this Agreement, by you or others, does not waive our rights to act under this Agreement. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Permission for Reprints
All material on this Website, without limitation, is protected by U.S. and foreign intellectual property laws, including copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use as defined in “Your Use of Materials”), please write to:
Notice of Copyright Infringement
Notification of a claim of copyright infringement must be submitted to the following:
Director of Administration, General Counsel
Sendik’s Food Markets
5623 N. Lake Dr.
Whitefish Bay, WI 53217
Fax: (414) 962-6680
The notification must be in writing and include:
1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.