Sunflower Shoppe Customer Agreement
Welcome to Sunflower Shoppe! This Agreement (the "Agreement") is a legal agreement between you and Sunflower Shoppe, INC. ("Sunflower Shoppe") that states the terms and conditions under which you may receive the Sunflower Shoppe Online Shopping Service and use the Sunflower Shoppe Web site ("SunflowerShoppe.com"). If you use the Sunflower Shoppe Online Shopping Service or SunflowerShoppe.com, you agree to these terms and conditions.
1. Sunflower Shoppe Online Shopping Service. The Sunflower Shoppe Online Shopping Service is a transaction, information and communication service available to authorized users ("customers") who access SunflowerShoppe.com. Sunflower Shoppe currently provides an online shopping service, and may in the future provide additional shopping and related services.
(a) Shopping Service.
Sunflower Shoppe's employees, agents or designees will shop and ship orders placed with the Sunflower Shoppe Service. Prices of products sold online may differ from those sold in-store at Sunflower Shoppe stores. Shipment will be made to the delivery address that you specify when you place your order. Prices for products you place in your cart will be guaranteed through midnight of the day that the order is placed. After midnight, prices will be adjusted to reflect current prices of the day. Payment for groceries, and sundries and any other associated shopping and delivery or shipment fees is due at the time of checkout. Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we issue a full refund (excluding shipping charges). We are unable to re-ship orders that are returned to us as undeliverable. If you would still like to purchase items that were undeliverable, you are welcome to place a new order on our website. If you are not satisfied for any reason with an item purchased through the Sunflower Shoppe Online Ordering Service, you may return it within 30 days and it will be credited towards your next Sunflower Shoppe order or refunded to your selected method of payment. In some areas, you may choose to receive your Sunflower Shoppe order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing alcoholic products cannot be left unattended under any circumstances. Sunflower Shoppe is not responsible, and you agree not to hold Sunflower Shoppe or its shipping agent responsible, for any damage or theft that occurs to an unattended delivery.
(b) Third Party Information Providers and Merchants. The Sunflower Shoppe Online Shopping Service may permit you to order and receive products, information and services from businesses which are not owned or operated by Sunflower Shoppe. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Sunflower Shoppe does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Sunflower Shoppe Service.
2. Property Rights.
(a) Copyright: All content on SunflowerShoppe.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Sunflower Shoppe © 1989-2011, Sunflower Shoppe, INC. ALL RIGHTS RESERVED, or its content providers. Sunflower Shoppe authorizes you to view, electronically copy and to print in hard copy portions of SunflowerShoppe.com for the sole purpose of placing an order with Sunflower Shoppe, INC. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on SunflowerShoppe.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Sunflower Shoppe is strictly prohibited. Sunflower Shoppe reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Sunflower Shoppe.
(b) Trademarks: "Sunflower Shoppe," "SunflowerShoppe.com", and all Sunflower Shoppe logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Sunflower Shoppe or otherwise proprietary to Sunflower Shoppe and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on SunflowerShoppe.com are the property of their respective owners.
(a) Nutrition Disclaimer: This website uses the latest nutritional data available from the USDA (United States Department of Agriculture). We also obtain nutritional data from food manufacturers about their products. Proco Marketing, Inc. believes the information on this website to be accurate. However, we are not responsible for typographical or other errors. Nutrition information is based on the ingredients and cooking instructions as described in each recipe and are by nature based on statistical averages. Nutrition may vary based on methods of preparation, origin and freshness of ingredients, etc. This site is not a substitute for the services of a trained health professional. Although we provide nutritional information for our recipes, we do not provide medical or dietary advice of any kind. Please discuss any concerns with your physician or registered dietitian.
(b) Content Disclaimer: The content on this site is provided "as-is." All warranties, express or implied, are disclaimed. We and our affiliates are not liable for your use of any content, products, or services contained in this site. We and our affiliates are not liable for any direct, indirect, incidental, or consequential damages, including damages for loss of business, loss of profits, litigations, etc., as a result of using this site or of an inability to access the site. We do not warrant that access to this site will be uninterrupted or that there will be no failures, errors, or loss of information, or that no viruses will be transmitted on the service. Some states do not allow the exclusion of liability for incidental or consequential damages; the above exclusions or limitations may not apply to you. You may also have other rights that may vary from state to state.
(c) Natural Standard Health Related Content Disclaimer: The information presented in Natural Standard health reference section of this web site is for informational purposes only. The publisher does not accept any responsibility for the accuracy of the information or the consequences arising from the application, use, or misuse of any of the information contained in this topic. Also neither the publisher nor this website, make any warranties or representations with respect to the completeness and accuracy of the information contained within this topic. This information is not intended as a substitute for medical advice. Users should consult a health professional about any information presented here to determine its suitability for their condition before applying the information to any particular health circumstance or substitute for a physician's evaluation or treatment.
4. Your Account. You agree to provide Sunflower Shoppe with accurate and complete information as required by registration for the Sunflower Shoppe Online Shopping Service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Sunflower Shoppe of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Sunflower Shoppe Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Sunflower Shoppe promptly of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Sunflower Shoppe Online Shopping Service until you notify Sunflower Shoppe of the unauthorized use, loss or theft.
5. Unauthorized or Fraudulent Use. Sunflower Shoppe does not offer the Sunflower Shoppe Online shopping Service to children. By registering for the Sunflower Shoppe Online Shopping Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Sunflower Shoppe Online Shopping Service only with the involvement of a parent or guardian. From time to time, Sunflower Shoppe may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Sunflower Shoppe reserves the right to charge the credit card or Sunflower Shoppe Direct Check account identified in your Customer Registration Data an amount equal to such damages.
6. Fees, Payment and Access. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Sunflower Shoppe fee schedule which can be accessed online. Upon order submission, Sunflower Shoppe reserves the right to request credit card authorization for up to 110% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and shipment . If you fail to pay any fees or charges when due under the Sunflower Shoppe fee schedule (which includes returned checks, electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Sunflower Shoppe may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sunflower Shoppe may incur in its efforts to collect any unpaid balances from you. Sunflower Shoppe reserves the right to establish a credit limit for your account. Your right to use the Sunflower Shoppe Online Shopping Service is also subject to limits established by your credit card issuer.
7. Changes in Agreement, Fee Schedule or Sunflower Shoppe Service. Sunflower Shoppe may at any time change any of the terms of this Agreement or the Sunflower Shoppe fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Sunflower Shoppe Service. If Sunflower Shoppe makes material changes to this Agreement or changes to the Sunflower Shoppe fee schedule, Sunflower Shoppe will provide notice to you in a manner provided in this Agreement. Your use of the Sunflower Shoppe Online Shopping Service after any such change will be conclusively deemed acceptance of such change. Sunflower Shoppe may discontinue or revise any or all aspects of the Sunflower Shoppe Online Shopping Service without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances, and, of course, your credit card or checking account will not be charged. If any change is unacceptable to you, you may cancel your Sunflower Shoppe Online Shopping Service and terminate this Agreement.
8. Disclaimer of Warranty and Limitation of Liability. YOUR USE OF THE SUNFLOWER SHOPPE SERVICE, SUNFLOWERSHOPPE.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SUNFLOWER SHOPPE SERVICE, SUNFLOWERSHOPPE.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNFLOWER SHOPPE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUNFLOWER SHOPPE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY SUNFLOWERSHOPPE.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SUNFLOWERSHOPPE.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SUNFLOWER SHOPPE NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SUNFLOWER SHOPPE SERVICE, SUNFLOWERSHOPPE.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH SUNFLOWER SHOPPE. SUNFLOWER SHOPPE'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY SUNFLOWER SHOPPE AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material on SunflowerShoppe.com is provided for lawful purposes only. Sunflower Shoppe controls and operates SunflowerShoppe.com from its headquarters in
Colleyville, TX, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use SunflowerShoppe.com from other locations, you are responsible for compliance with applicable local laws.
9. Indemnification. You agree to defend, indemnify and hold Sunflower Shoppe and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
10. Termination. Sunflower Shoppe may suspend or terminate your access to the Sunflower Shoppe Online Shopping Service at any time for any reason with or without notice to you. You may terminate your Sunflower Shoppe Online Shopping Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Sunflower Shoppe Online Shopping Service for any reason, you will not be entitled to a refund of any fees. Sunflower Shoppe reserves the right to collect fees and charges incurred before you cancel your Sunflower Shoppe Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
11. Privacy and Security. Your privacy is very important to Sunflower Shoppe. Sunflower Shoppe uses Verisign™ or a similar service at Sunflower Shoppe's discretion to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Sunflower Shoppe does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the Sunflower Shoppe Online Shopping Service or as described below.
(a) Aggregated Information. Sunflower Shoppe may use aggregated information regarding its customers and usage of the Sunflower Shoppe Online Shopping Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
(b) Third Party Service Providers. Sunflower Shoppe may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
(d) Enforcement of Agreement or Compliance with Law. Sunflower Shoppe may use or disclose personal information when Sunflower Shoppe believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Sunflower Shoppe or its users or to comply with the law.
12. Notices. Sunflower Shoppe may give notice to you of a change in this Agreement, a change in the Sunflower Shoppe Fee Schedule, and any other matter by general posting on SunflowerShoppe.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Sunflower Shoppe by telephone, by electronic mail, or by conventional mail to:
Sunflower Shoppe, INC.
5100 Hwy 121
Colleyville, TX 76034
Attention: CUSTOMER CARE
13. Legal and Miscellaneous.
(a) This Agreement states your entire agreement with Sunflower Shoppe regarding the use of the Sunflower Shoppe Online Shopping Service and SunflowerShoppe.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
(b) The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(c) This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sunflower Shoppe or its Associates or relating in any way to your use of the Sunflower Shoppe Online Shopping Service or SunflowerShoppe.com resides in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois in connection with any such dispute.
(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
(e) Sections 8 and 9 of this Agreement are for the benefit of Sunflower Shoppe and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Sunflower Shoppe service.
14. Legal Notices to California Customers. California customers are entitled to the following consumer rights information under California Civil Code Section 1789.3: