Terms of Use

Effective Date: July 1, 2024

We, Brookshire Brothers, Inc. and our affiliates ("Brookshire Brothers", "we", "us" or "our") provide the following notice regarding our personal data practices:

Section A of this Privacy Policy describes our collection, use, and disclosure of Consumers' (defined below) personal data including, but not limited to, Consumers' first and last name, e-mail address, phone number, address, and full payment account number (also referred to herein as "PD"), as those terms are defined under the Texas Data Privacy and Security Act (the "Consumer Privacy Notice"). Section A reflects our Consumer data privacy practices regardless of your state of residence.

Section B of this Privacy Policy applies to all users of, and visitors to, our online services (including websites, and emails) that post a link to this notice ("Online Services") (the "Online Services Privacy Notice"). Do not use our Online Services if you do not accept our data practices as described in the Online Services Privacy Notice and agree to our Terms of Use.

Section C of this Privacy Policy describes Texas Consumers' privacy rights and how to exercise them ("Texas Privacy Rights"). Our application of the rights in this section to other states is discretionary.

Section D includes information regarding our data security practices, Section E includes information regarding changes to this Privacy Policy and Section F lists our contact information.

Collectively, Sections A-F are our "Privacy Policy", which describes our consumer privacy practices and policies, but does not apply to our job applicants, current and former employees, or independent contractors. This Privacy Policy does not include our data practices as a covered entity under the Health Insurance Portability and Accountability Act ("HIPAA") with respect to protected health information ("PHI"), which is addressed in our Notice of Pharmacy Privacy Practices. Additional notices may be made at the point of collection, in which case those will supplement this Privacy Policy and govern that collection in the event of a conflict with this main Privacy Policy. Capitalized terms used but not defined herein will have the meanings given to them in the Texas Privacy Law.

To see and print our full Privacy Policy, click here. You can also request a copy, including Braille, or otherwise obtain disability access assistance by contacting us here

1. CONSUMER PRIVACY NOTICE

   This Consumer Privacy Notice applies to "Consumers," which is defined under the Texas Data Privacy and Security Act, Tex. Bus. & Com. Code §§ 541.001-541.205, (effective July 1, 2024) ("Texas Privacy Law") as an individual who is a Texas resident of this state acting only in an individual or household context. "Consumer" does not include an individual acting in a commercial or employment context. This notice is designed to provide Consumers with notice of our PD (defined above) practices, including through Brookshire Brothers online and offline services (the "Services"). Additional detail about our online data practices is at the Online Services Privacy Notice. Capitalized terms used but not defined herein will have the meanings given to them in the Texas Privacy Law.

   If Brookshire Brothers's processing materially changes between updates to this notice, Brookshire Brothers will provide a supplemental notice when or before the changes apply. Otherwise, this Consumer Privacy Notice serves as our notice at collection. Notably, this Consumer Privacy Notice does not apply to data that is not treated as PD under the Texas Privacy Law or to the extent the data is subject to an exemption under the Texas Privacy Law.

   1. Our Business Purposes for Processing Your Personal Data

      Generally, we retain, use, and disclose your PD for different purposes, such as to provide you the Services and as otherwise related to the operation of our business, including for the "Business Purposes" listed below (some of which may overlap). This may include disclosing or otherwise making available PD to our vendors that perform services for us in their role as our "Processor" under the Texas Privacy Law.

      • Providing Products and Services: Processing or fulfilling orders and transactions, administering accounts and our loyalty program, providing customer service, verifying customer information, and processing payments.
      • Managing Interactions and Transactions: Performing services on behalf of the business, including maintaining or servicing accounts, administering accounts and our Celebrate Rewards loyalty program, providing customer service, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services on behalf of the business, and customizing your experience, offers and content.
      • Security and Debugging: Helping to ensure security and integrity to the extent the use of the consumer's PD is reasonably necessary and proportionate for these purposes. Debugging to identify and repair errors that impair existing intended functionality.
      • Advertising and Marketing: Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with the Texas Privacy Law. Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer's current interaction with the Service. Performing advertising and marketing, including in the context that could be considered a "Sale" or "Targeted Advertising". Customizing your experience, offers, and content. Please refer to the Do Not Sell/Target Opt-out Request section for more information regarding your right to opt-out of the processing of your PD for "Sale" or "Targeted Advertising" purposes.
      • Quality Assurance: Undertaking activities to verify or maintain the quality or safety of our products and services, to improve, upgrade, or enhance our products and services.
      • Research and Development: Undertaking internal research for technological development and demonstration.
      • Operation of Our Business: For our legitimate business purposes that are compatible with the purpose of collecting your PD and that are not prohibited by law. We may also use PD for other Business Purposes in a context that is not a "Sale" under the Texas Privacy Law, such as disclosing it to a person that processes PD on our behalf, such as, for example, our service providers, contractors, vendors, or processors ("Processor"), to the Consumer or to other parties at the Consumer's direction or through the Consumer's action; for the additional purposes explained at the time of collection (such as in the applicable privacy policy or notice); as required or permitted by applicable law; to the government or private parties (including litigants) to comply with law or legal process or protect or enforce legal rights or obligations or prevent harm; and to assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business ("Corporate Transaction"). Subject to restrictions and obligations under the Texas Privacy Law, our Processors may also use your PD for Business Purposes and other purposes permitted by law and may engage their own vendors to enable them to perform services for us. You have a right to opt-out of the processing of your PD for certain purposes, including "Sale". Please refer to the Do Not Sell/Target Opt-out Request section for more information.

      Some of the Business Purposes may implicate "Selling" and/or "Targeted Advertising" under the Texas Privacy Law. For transparency purposes, we provide detail on the processing purposes and recipients where our processing could be a "Sale" or "Targeted Advertising". Please refer to the table below and the Do Not Sell/Target Opt-out Request section for more information.

   2. Processing Activities: Personal Data Categories, Purposes, and Recipients

      The table below describes the categories of PD we collect and examples of data types that fit within each category. The Business Purposes and categories of recipients, including where disclosure may be considered a Sale under the Texas Privacy Law, are also described. As permitted by applicable law, we do not treat deidentified data or aggregate data as PD and we reserve the right to convert, or permit others to convert, your PD into deidentified data or aggregate data, and may elect not to treat publicly available information as PD. We will not attempt to reidentify data that we maintain as deidentified.

      Category of PD	Examples of PD	Business Purpose(s)	Categories of Recipients
      Identifiers	Real name, alias, postal address, unique personal identifiers, online identifier, Internet Protocol address, e-mail address, and account name.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Advertising and Marketing, Quality Assurance, Research and Development, Recruitment, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), "Third-Party Promotional Partners" (i.e., other brands or companies that we partner with to promote a product or service), payment processors, other members of our corporate group, and other parties, litigants and government entities). For Sale: Third-Party Digital Businesses.
      Personal Records	Name, signature, description, address, telephone number, and financial information (e.g., payment card information). Some PD included in this category may overlap with other categories.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Advertising and Marketing, Quality Assurance, Research and Development, Recruitment, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), recruitment vendors (e.g., job boards), Third-Party Promotional Partners, payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: Third-Party Digital Businesses.
      Personal Characteristics or Traits	In some circumstances, we may collect PD that is considered protected under U.S. law, such as information related to medical conditions, but only when that information is relevant for our Pharmacy's Business Purposes.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: N/A.
      Customer Account Details & Commercial Information	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Advertising and Marketing, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: Software providers, IT Service Providers, Website and app management vendors (e.g., development, security, analytics, etc.), marketing vendors, Third-Party Promotional Partners, payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: Third-Party Digital Businesses.
      Internet Usage Information	When you browse our sites or otherwise interact with us online, we may collect browsing history, search history, and other information regarding your interaction with our sites, applications, or advertisements.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Advertising and Marketing, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), recruitment vendors (e.g., job boards), Third-Party Promotional Partners, payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: Third-Party Digital Businesses.
      Geolocation Data	If you interact with us online we may gain access to the approximate location of the device or equipment you are using.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Advertising and Marketing, Quality Assurance, Research and Development, Recruitment, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), Third-Party Promotional Partners, payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: Third-Party Digital Businesses.
      Sensory Data	We may collect audio, video, electronic, or similar information when you contact our customer service line, utilize the customer chat feature, or visit our physical locations.	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: N/A
      Inferences from PD Collected	Inferences drawn from PD to create a profile about a Consumer reflecting their preferences, behaviors, etc.	Providing Products and Services, Advertising and Marketing, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: IT Service Providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), Marketing vendors, other members of our corporate group, other parties (e.g., litigants and government entities). For Sale: Third-Party Digital Businesses.

      We collect and process data that is "Sensitive Data" under the Texas Privacy Law. The table below describes the categories and examples of Sensitive Data we may collect and the Business Purposes for and recipients of the same.

      Category of Sensitive PD	Examples of PD	Business Purposes	Categories of Recipients
      Account Log-in	Username and password to online account with Brookshire Brothers	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Quality Assurance, and Operation of Our Business.	For Business Purposes: Software providers, IT Service Providers, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: N/A.
      Other Sensitive Personal Characteristics	PD revealing mental or physical health diagnosis, or sexuality (such as if you purchase over-the-counter medication for headaches or digestive issues, birth control and pregnancy tests).	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: N/A.
      Private Life	PD collected and analyzed concerning a Consumer's private life (if you purchase consumer health goods such as, for example, birth control, pregnancy tests, etc. from us).	Providing Products and Services, Managing Interactions and Transactions, Security and Debugging, Quality Assurance, Research and Development, and Operation of Our Business.	For Business Purposes: Software providers, IT vendors, website and app management vendors (e.g., development, security, analytics, etc.), payment processors, other members of our corporate group, and other parties (e.g., litigants and government entities). For Sale: N/A.

2. ONLINE SERVICES PRIVACY NOTICE

   This Online Services Privacy Notice is a supplement to our other privacy policies and notices, including the privacy policies posted on the Online Services, or any other privacy policy or notice, that posts a link to this Online Services Privacy Notice. In the event of a conflict between any other Brookshire Brothers policy, statement, or notice and this Online Services Privacy Notice, this notice will prevail as to data collected by our Online Services, except where additional notices are posted at collection that are said to modify or supplement this notice.

   This Online Services Privacy Notice applies to "Online Services PD," which is PD that is collected through the Online Services (defined above). To the extent we combine your Online Services PD with data we receive outside of the Online Services or with deidentified data, we will treat the combined data as Online Services PD and apply this Online Services Privacy Notice to such combined data, unless we have disclosed otherwise. As permitted by applicable law, we do not treat Online Services PD that has been deidentified or aggregated as PD and we reserve the right to convert, permit others to convert, your Online Services PD into deidentified or aggregate consumer data. We will not attempt to reidentify data that we maintain as deidentified.

   1. Types of Data We Collect

      Brookshire Brothers and its Vendors may collect certain Online Services PD from you via the Online Services. Data we collect via our Online Services includes:

      • Identifiers, including your name, date of birth, phone number, mailing address, email address, and IP address.
      • Contact Information, including your email address, phone number, and mailing address.
      • Account Details and Commercial Information, such as your purchase history and amounts, products or services considered, favorite products and communications preferences.
      • Financial and Payment Information, such as your payment card information (to fulfill your order), but please note that we do not handle full payment card information directly, but rather rely on Vendors for doing so.
      • Service Usage Data, including information collected by Tracking Technologies (defined below), such as:
        • your device functionality (browser, operating system, hardware, mobile network information);
        • the URL that referred you to our Online Services;
        • how you interact with the Online Services, including the areas within our Online Services that you visit and your activities there (including emails we send, such as whether you open them or click on links within), and the products you search for;
        • your device location (if you have enabled such features on your device);
        • your device characteristics; and
        • device data and the time of day.
      • Location Data, if you enable features on your device or browser to provide us with your location.
      • Inferences, including information derived from other information that we have collected. For example, we may make inferences about you based on your order history or other information about you to provide you with offers or advertisements that are most relevant to your interests.

      If you use our Pharmacy services, we may also collect your prescription information, and information about your health care provider and health insurance provider in order to provide you with the products and services that you requested. Please see the Notice of Pharmacy Privacy Practices for more information.

   2. How We Collect Online Services Personal Data

      Below are some examples of how we may collect Online Services PD. In some instances, our agents, service providers, and vendors (collectively, "Vendors") may collect your Online Services PD.

      1. Data That You Provide

         Our Online Services are publicly available. We collect Online Services PD and other PD from you when you use the Online Services, such as when you purchase products from us online (i.e., through our website or app), create an account on our website, contact Customer Support, order online, view our Weekly Ad, use our Digital Coupons, participate in a contest, sweepstake, promotion, or survey (such as Celebrate Rewards), join an SMS mobile campaign or sign up to receive emails, messages, or e-newsletters, or otherwise submit PD to us along with any related content of the communication. We also collect your Online Services PD when you use the Brookshire Brothers App and the Pharmacy App.

      2. Data From Other Sources

         We may also collect Online Services PD and other PD about you from other sources, including from companies that can help us correct or supplement our records, improve the quality or personalization of our Online Services to you, and help prevent or detect fraud.

      3. Automatically Collected Data

         We use cookies and other tracking technologies ("Tracking Technologies") to collect data about your device and your use of the Online Services. We may use a variety of technologies that store or collect certain data whenever you visit or interact with our Online Services. This data may be stored or accessed using a variety of technologies that may be downloaded to your device (e.g., personal computer, browser, laptop, tablet, mobile phone, etc.) whenever you visit or interact with our Online Services.

         The data we collect may include your Internet Protocol ("IP") address, device type, device operating system, browser type, the unique device identifier ("UDID") or mobile equipment identifier ("MEID") for your mobile device, and other data ("Device Identifiers"). We may use such Device Identifiers to associate data you have provided on different devices, or during separate interactions with us on the Online Services on the same device. For example, if you login to your account during one interaction but later use the Online Services on the same device without logging into your account, we may use Device Identifiers and other information to associate these separate interactions with the Online Services with your single device. We may also collect Online Services usage data, such as the address of a referring website (if any), the pages you visit on the Online Services, and other data. We may use this data to operate, maintain, and manage our Online Services and to provide customer assistance and technical support.

         We may use various Tracking Technologies to collect data on the Online Services, including the types of information described in the Types of Data Collected section above. Tracking Technologies may include:

         • Cookies. A cookie is a data file placed on a device when it is used to visit the Online Services.
         • Web Beacons ("Tracking Pixels"). Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our Online Services' pages and messages, including e-mails. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies can be used to count visitors to the Online Services, to monitor how Users navigate the Online Services, to count how many e-mails that were sent were opened or to count how many links were viewed.
         • Embedded Scripts. An embedded script is programming code that is designed to collect information about the links you click on and your interactions with the Online Services. The code is temporarily downloaded onto your device from our web server or a third-party vendor, is active only while you are connected to the Online Services and is deactivated or deleted thereafter.
         • Location-Identifying Technologies. Our Online Services may provide you the ability to enable location-identifying technologies, for example, to help you find the closest location that sells our products in-person. To stop utilizing, or to change the settings with respect to, location-identifying technologies, you can change your device or browser preference settings.
         • Device Recognition Technologies. Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) ("Cross-device Data").
         • In-App Tracking Methods. There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as "Ad IDs," or may use "SDKs," to associate app user activity to a particular app and to track user activity across apps and/or devices. SDKs are blocks of code that may be installed in our mobile application by third party companies with which we work. SDKs help us understand how you interact with our mobile application and collect certain information about the device and network you use to access our application, such as the advertising identifier associated with your device and information about how you interact with our application.
         • Device and Activity Monitoring. Technologies that monitor, and may record, certain of your interactions with the Online Services, and/or collect and analyze information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking and/or improving the Online Services and customizing or optimizing your experience on the Online Services.

         There may be other Tracking Technologies now and later devised and used by us in connection with the Online Services. See the Choices: Tracking and Communications Options below for more information on your choices regarding Interest-based Advertising and our Consumer Privacy Notice for more information on Texas residents' opt-out choices with respect to Tracking Technologies that may implicate a "Sale" or "Targeted Advertising.".

      4. Data You Provide About Others

         The Online Services (or a Third-Party Service) may allow you to submit the Online Services PD of someone else. Such as, for example, if you purchase groceries online and direct us to send it to your family member or friend, or if you want to send them information from the Online Services, or other communication about Brookshire Brothers products and services. If so, the information you provide will be used to facilitate your request and is not used by us for any other marketing purposes unless we obtain consent from that person or we explicitly say otherwise. Please see our Terms of Use for our expectations and your obligations as to data that you submit. Please be aware that when you use any send-to-a-friend functionality, your information, including contact information, name or username and message, may be included in the communications sent to your addressee(s), and the communication will indicate it was sent at your request and/or on your behalf.

   3. Use of Online Services Personal Data

      Brookshire Brothers uses your Online Services PD to offer and provide our products and services and to perform our business operations, including order or service fulfillment, internal business processes, marketing, authentication, loss and fraud prevention, public safety and legal functions, as more fully set forth in the Consumer Privacy Notice. Without limitation, examples of these functions include:

      • Fulfilling orders and requests for products, services or information;
      • Establishing and managing your accounts with us;
      • Administering and managing our Services, such as merging information you provided on your Brookshire Brothers loyalty card application with your brookshirebrothers.com profile;
      • Communicating things like special events, sweepstakes, promotions and surveys, including promotional e-mails and text messages, such as Celebrate Rewards and subscription text message programs;
      • Providing customer assistance, responding to requests for information or assistance from you, and providing important information, such as product recalls;
      • Analyzing browsing and purchasing data to improve, customize, and market our services and content, to enhance our customers' shopping experiences, and for research, marketing, and other business purposes.

   4. Disclosures of Online Services Personal Data

      We disclose or otherwise make available Online Services PD as described in our Consumer Privacy Notice, including, without limitation, as follows:

      • Third-Party Services. Third-Party Services (defined below) may collect your Online Services PD independently via the Online Services, or we may directly provide them with Online Services PD that we have collected, including in relation to Interest-based Advertising and other purposes. The data practices of these third parties are subject to their own privacy policies and terms.
      • Co-Branded Areas. Certain areas of the Online Services may be provided to you in association with third parties ("Co-Branded Areas"), such as sponsors, charities and product suppliers, that may request or require you to disclose PD to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information, which we may help facilitate or process. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. We are not responsible for such third party's data collection or practices and you should look to such third party's privacy policies and terms of use for more information.
      • Sweepstakes, Contests and Promotions. Brookshire Brothers may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including Promotions jointly sponsored or offered by third parties, which may require submitting PD. If you voluntarily choose to enter a Promotion, your Online Services PD and other PD, may be disclosed to Brookshire Brothers, co-sponsors, Vendors, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this notice (e.g., sharing with third parties for their own direct marketing purposes). Please review those rules carefully.

   5. Third-Party Content, Links, and Online Services

      1. Generally

         The Online Services have functionality that allows certain kinds of interactions between the Online Services and third-party content, web sites, applications, platform, code (e.g., plug-ins, application programming interfaces ("API"), and software development kits ("SDKs") and Tracking Technologies (collectively, "Third-Party Services").

         For example, you may have an option to use your Facebook, Google or other account provided by a Third-Party Service to interact with the Online Services, including by logging into the service or posting information from the Online Services on the Third-Party Service (or vice versa) ("Social Features"). If we offer and you choose to use Social Features, the Third-Party Service may send PD about you to us. If so, we will then treat it as PD under this Privacy Policy since we are collecting it as a result of your accessing of and interaction on our Online Services. If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Online Services and/or by the Third-Party Service that you use, depending on your privacy settings on each. Similarly, if you post information on a Third-Party Service that references the Online Services (e.g., by using a hashtag associated with us in a status update), your post may be used on or in connection with the Online Services or otherwise by us. Also, both we and the third party may have access to certain information about you and your use of the Online Services and any Third-Party Service.

         Third-Party Services may use their own cookies, web beacons, and other Tracking Technologies to independently collect information about you, including Third-Party Services to which you are directed from the Online Services, including where you click a link and leave the Online Services entirely. There are certain websites and other Third-Party Services to which we may link from the Online Services, which are third-party websites using our name under license but with their own terms and policies (except where we have explicitly linked to this Privacy Policy).

         We are not responsible for the policies or business practices of Third-Party Services, including how they collect, use, or share your information, including through Tracking Technologies that collect information regarding your visit to the Online Services as well as after your visit is over. These Third-Party Services may have their own terms of service, privacy policies or other policies. Be sure to review any available policies before submitting any personally identifiable information to or otherwise interacting with any Third-Party Services.

      2. Analytics

         We may use Google Analytics, or other Vendors for analytics services. These analytics services may use cookies and other Tracking Technologies to help us analyze users and how they use the Online Services. Information generated by these analytics services (e.g., your IP address and other Online Services usage data) may be transmitted to and stored by these Vendors on servers in the U.S. (or elsewhere) and these Vendors and/or Third-Party Services may use this information for purposes such as evaluating your use of the Online Services, compiling statistic reports on the Service's activity, and providing other services relating to Online Services activity and other Internet usage. See the Choices: Tracking and Communications Options and Consumer Privacy Notice for more information on your regarding certain analytics Tracking Technologies.

      3. Interest-Based Advertising

         We may engage and work with Vendors and Third-Party Services to serve advertisements on the Online Services and/or on other online services. Some of these ads may be tailored to your interest based on your browsing across time on the Online Services and elsewhere online (other websites and services), which may include use of precise location and/or cross-device data, sometimes referred to as "interest-based advertising" ("Interest-Based Advertising"). See the Choices: Tracking and Communications Options for information on your choices with respect to Interest-Based Advertising.

   6. Choices: Tracking and Communications Options

      1. Marketing and Promotional Communications

         You may unsubscribe from email and other electronic marketing communications you receive from us as follows: (i) for promotional emails, following the instructions provided in emails to click on the unsubscribe link, or if available, by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from us to text the word, "STOP" (or as otherwise instructed); and (iii) for app push notifications, turn off push notifications on the settings of your mobile device.

         We use an opt-in standard for sending you phone and text messages, which means we will only do so with your express consent. If you elect to opt-out of receiving SMS messages, we will send you a final message to confirm your opt-out. In accordance with applicable law, Brookshire Brothers may send you text messages for health and safety emergency purposes, which are exempt from opt-in requirements. You may find the specific terms of our text campaigns by clicking here. We use an opt-out standard for email or for other communications, which means we consider your consent is implied, but you can unsubscribe from our promotional emails by following the unsubscribe instructions on such emails, which will be limited to the email and promotional lists you elect. You may still however, receive non-promotional emails such as when we respond to your inquiries or send you information or account notices

         Opting out of certain communications will not affect subsequent subscriptions and, if your opt-out is limited to certain types of electronic communications, the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Online Services and administrative, emergency/safety and service announcements. These non-promotional messages will be unaffected if you choose to opt-out of marketing communications.

      2. App Features and Functionality

         All of the Brookshire Brothers App and the Pharmacy App features and functionality, and related information collection, can be terminated by uninstalling the apps. You can use each app's or your device's settings to set and change some settings and control some functions, such as enabling or disabling certain features (e.g., "tracking", Bluetooth, location-based services, push notifications, etc.).

      3. Tracking Technologies and Interest-Based Advertising

         1. Consent Management Platform and Device/Browser Settings

            We offer a Tracking Technologies management platform (also called a consent management platform or "CMP") that allows you to exercise choice with respect to certain Tracking Technologies on the Online Services. Please click here to visit the CMP.

            Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to certain Tracking Technologies.

            Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or device manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.

            Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. In addition, please refer to the Please refer to the Do Not Sell/Target Opt-out Request section for more information regarding how you may configure your browsing settings or browser extensions to allow you to automatically transmit GPC signals,

            Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Brookshire Brothers is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section. We may, from time-to-time, and in certain jurisdictions, offer or point you to tools that allow you to exercise certain preferences regarding cookies and other Tracking Technologies associated with the Online Services, but such tools rely on third parties and third-party information so we do not guaranty that the tools will provide complete and accurate information or be completely effective. For instance, here is where you can find cookie controls for popular browsers:

            • Google Chrome
            • Firefox
            • Internet Explorer
            • Edge
            • Safari

            We do not represent that these third-party tools, programs or statements are complete or accurate. You will need to do this on each browser that you use to access our Online Services and clearing cookies on your browser(s) may disable your preference settings. Also, our Online Servicesmay not function properly or as intended if you block all or even certain cookies. Accordingly, you may want to consider the more limited opt-out choices noted in the next section.

         2. Interest-Based Advertising Industry Opt-out Programs

            The Digital Advertising Alliance (DAA) offers opt-out programs for Interest-based Advertising. You can visit the following links to submit opt-out requests to companies participating in DAA's program. For information regarding the opt out of Interest-based Advertising and its limitations, click here (web-based program) and here (app-based program). To visit the DAA's opt-out page, click here.

            Please be aware that, even if you are able to opt out of certain kinds of Interest-based Ads, you will continue to receive non-targeted ads. Further, if you selectively opt-out of one or more of the above opt-out programs, you may receive Interest-based Advertising from other participants. You may also receive Interest-based Advertising from parties that do not participate in the DAA's program.

            We may use Google Analytics and Ad Services. To learn more about the data Google collects and how your data is used by it and to optout of certain Google browser Interest-Based Advertising, please visit here. To opt-out of Google Analytics, please visit here.

            We are not responsible for effectiveness of, or compliance with, any third parties' opt-out options or programs or the accuracy of their statements regarding their programs. You will need to exercise the above choices on each browser or device that you use. Please be aware that if you disable or remove certain Tracking Technologies, some parts of the Online Services may not work or will function with more limited capabilities. In addition, please note that your choices sometimes rely on Tracking Technologies, such that when you clear or disable them, your choices are reset.

            In addition, please refer to the Do Not Sell/Target Opt-out Request section for more information regarding how you may configure your browsing settings or browser extensions to allow you to automatically transmit GPC signals.

   7. Children

      Brookshire Brothers does not knowingly collect Online Services PD or other PD about children under 15 years of age without the appropriate consent from their parent or legal guardian. If we become aware that we have collected Online Services PD or other PD from any child under age 13, we will dispose of that data in accordance with the Children's Online Privacy Protection Act ("COPPA") and other applicable laws and regulations. If you are a parent or guardian and believe we may have collected such data without parental or guardian consent or other than in a manner authorized by law, please contact us.

3. TEXAS PRIVACY RIGHTS

   1. Your Consumer Privacy Rights

      The Texas Privacy Law grants Texas Consumers the privacy rights described in this section. The Texas Consumer privacy rights we will consider are as follows:

      • Right Regarding Sensitive Data: We may process Texas Consumers' Sensitive Data with their consent where required by Texas law. Effective July 1, 2024, if a Consumer provides us with their Sensitive Data in the context or a requested service, they will have consented to such processing in connection therewith.
      • Right to Confirm and Access: Consumers have a right to request to confirm whether we are processing their PD and to access that PD.
      • Data Portability Rights: Consumers have a right to obtain a copy of their PD that we maintain, and if it is available in a digital format, to receive it in a portable and readily usable format that allows the Consumer to transmit the PD to another controller without hindrance.
      • Right to Correct: Consumers have a right to request to correct inaccuracies in their PD that we maintain, considering the nature of the PD and the Business Purpose(s) for the same. Consumers may bring inaccuracies in the PD we maintain to our attention and we will act upon such a complaint as required by the Texas Privacy Law. Consumers can also make changes to their online account in the account settings section of the website and app. That will not, however, change their data that exists outside the website and app environment.
      • Right to Delete: Consumers have a right to request to delete PD they have provided to us or that we obtained about the Consumer, subject to exceptions such as legal obligations and ongoing legitimate interest (such as to complete requested services and maintain transaction records). Please be aware that submitting a deletion request does not ensure complete or comprehensive removal or deletion of PD or user content you may have posted.
      • Do Not Sell/Target Opt-out Request: Consumers have the right to opt-out of the processing of their PD for purposes of Selling or Targeted Advertising. Under the Texas Privacy Law, "Selling" PD means the sharing, disclosing, or transferring of PD for monetary or other valuable consideration by Brookshire Brothers, Inc. to a third party, unless: (a) the third party is our Processor; (b) the disclosure is for purposes of providing a product or service the Consumer requested; (c) the disclosure or transfer is to one of our affiliates; (d) the disclosure or transfer pertains to data that the Consumer intentionally made publicly available through a mass media channel and did not restrict to a specific audience; or (e) the disclosure or transfer pertains to a Corporate Transaction. "Targeted Advertising" means displaying to a Consumer an advertisement that is selected based on PD obtained from that Consumer's activities over time and across nonaffiliated websites or online applications to predict the Consumer's preferences or interests.

      Third-Party digital businesses ("Third-Party Digital Businesses") may associate cookies and other tracking technologies that collect PD about Consumers on our services or collect and process PD that we make available about Consumers, including digital activity information. We understand that giving access to PD on our Services, or otherwise, to Third-Party Digital Businesses could be deemed a Sale under the Texas Privacy Law and thus we will treat such PD (e.g., cookie ID, IP address, and other online IDs and internet or other electronic activity information) collected by Third-Party Digital Businesses, where not limited to acting as our Processor, as a Sale and subject to a Do Not Sell/Target opt-out request. We will not Sell Consumers' PD or process their PD for Targeted Advertising if the Consumer (or their authorized agent) make a Do Not Sell/Target opt-out request.

      Opt-out for non-cookie PD: If Consumers want to limit our processing of their non-cookie PD (e.g., email address) for Targeted Advertising, or opt-out of the Sale of such data, they may make an opt-out request via our Consumer Rights Request form.

      Opt-out for cookie PD: If Consumers want to limit our processing of their cookie-related PD for Targeted Advertising or opt-out of the Sale of such PD, they may do so by exercising a separate opt-out request on our cookie management tool here. This is because we must use different technologies to apply opt-outs to cookie PD and non-cookie PD. Our cookie management tool enables Consumers to exercise such an opt-out request and enable certain cookie preferences on their device. A similar tool is available for our app, which Consumers can access via the Do Not Sell/ Target option in the settings menu. Consumers must exercise their preferences on each of our websites and apps that they visit, from each browser they use, and on each device that they use. Since Consumers' browser opt-out is designated by a cookie, if the Consumer clears or blocks cookies, their preferences will no longer be effective and they will need to enable them again via our cookie management tool. Beware that if Consumers use ad blocking software, our cookie banner may not appear when the Consumer visit our services and they may have to use the link above to access the tool.

      For more information on how to limit Interest-based Advertising using browser settings, mobile device settings, or ad industry tools, please see the Tracking Technologies and Interest-Based Advertising section of our Privacy Policy. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices, tools, or choices.

      Global Privacy Control ("GPC"): Effective January 1, 2025, the Texas Privacy Law requires businesses to process GPC signals, which are signals sent by a platform, technology, or mechanism, enabled by individuals on their devices or browsers, that automatically communicate the individual's choice to opt-out of the Sale of PD and/or Targeted Advertising. To use GPC, Consumers can download an internet browser or a plugin to use on their current internet browser and follow the settings to enable GPC. To our knowledge, we have configured the settings of our consent management platform to receive and process GPC signals on our websites, as explained by our consent management platform here.

      Please note that when we receive and process a GPC signal, we will apply such signal as an opt-out of Sale and Targeted Advertising as to cookie PD only, and not to non-cookie PD. Consumers may submit an opt-out request as to non-cookie PD via our Consumer Rights Request form.

      We do not (1) charge a fee for use of our websites if the Consumer has enabled GPC; (2) change the Consumer's experience with our websites if they use GPC; or (3) display a notification, pop-up, text, graphic, animation, sound, video, or any interstitial in response to the GPC.

      • Do Not Profile Opt-out Request: Consumers have the right to opt-out of PD processing for profiling purposes. We do not profile in a manner that would result in legal or similarly significant effects and as such do not offer this right.
      • Right to Appeal: Consumers may appeal our decision regarding a request by following the instructions in our response to your request. We will inform the Consumer of our final decision within 60 days after the date of receipt of the Consumer's request to appeal.
      • Right to Not Be Discriminated Against: We will not discriminate or retaliate against you in a manner prohibited by the Texas Privacy Law for your exercise of your Consumer privacy rights.

      Although these rights apply only to Texas residents, we will consider request from others, but will process the requests in our discretion.

   2. Privacy Rights Requests

      As described in the Authenticating Privacy Rights Requests section, to the extent permitted by the Texas Privacy Law, certain requests Consumers submit to us are subject to an identity authentication process in order to verify through reasonable means that the Consumer, or their authorized agent, is entitled to exercise Consumer privacy rights under the Texas Privacy Law with respect to the PD at issue. We will not fulfill a Consumer's request unless the Consumer and/or their authorized agent has provided sufficient information for us to reasonably authenticate a request.

      To make a privacy rights request, or to submit as an authorized agent, use our Consumer Rights Request form or contact us via email at consumerprivacyrep@brookshirebrothers.com, and respond to any follow-up inquiries we make.

      Some data we maintain about Consumers that is technically considered PD may, nonetheless, not be sufficiently associated with data that the Consumer provided with their privacy rights request. For example, if the Consumer provides their name, email address, and phone number when making a request, we may be unable to associate that with certain data collected on the Service, such as clickstream data tied only to a pseudonymous browser ID. Where we are unable to associate such data with the data provided with the request, we do not include such data in our response. If we cannot comply with a request, we will explain the reasons in our response. We will use the PD provided with a privacy rights request to verify the requestor's identity or authority to make the request and to track and document request responses unless the Consumer also gave the PD to us for another purpose.

      We will make commercially reasonable efforts to identify the Consumer's PD that we process to respond to privacy rights requests. We will typically not charge a fee to fully respond to requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if the request is excessive, repetitive, unfounded, or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will notify the requestor via an email explaining why we made that decision. The requestor will be provided a cost estimate and the opportunity to accept such fees before we will charge them for responding to their request.

   3. Authenticating Privacy Rights Requests

      Privacy rights requests must be "Authenticated Consumer Requests," meaning that when a Consumer makes a request, we will verify that they are the person they say they are. For information regarding Authenticated Consumer Requests submitted by authorized agents, please refer to the Authorizing an Agent section. In addition, we will compare the data provided by the requestor for verification purposes to ensure that we maintain PD about the Consumer who is the subject of the request in our systems. As an initial matter, we may ask the requestor to provide us with, at a minimum, data regarding the Consumer who is the subject of the request including, for example, their full name and phone number or email, and/or recent transaction history. Depending on the nature of the request and whether we have the phone number or email address for the Consumer in our systems, we may request further information from the Consumer to verify that they are, in fact, the Consumer who is the subject of the request. We will review the data and supporting materials provided with the request and may ask for additional information via email or other means to complete the authentication process. We will not fulfill the consumer rights request unless the Consumer has provided sufficient information for us to reasonably verify the Consumer's identity.

   4. Authorizing an Agent

      Consumers may designate an authorized agent to submit a request on their behalf using the submission methods described in the Privacy Rights Requests section. If the party submitting a Consumer rights request is an authorized agent, the Texas Privacy Law requires that we ensure that a request made by an agent is an Authenticated Consumer Request and allows us to request further information to ensure that the Consumer has authorized the party submitting a request as their agent. Generally, we will request that an agent provide proof that the Consumer gave the agent signed permission to submit the request, and, as permitted under the Texas Privacy Law, we also may require the Consumer to either verify their own identity or directly confirm with us that they provided the agent permission to submit the request.

4. DATA SECURITY

   Brookshire Brothers works to use reasonable safeguards to protect the confidentiality and integrity of your PD. We use reasonable safeguards to protect your data in electronic format. For example, your account information is protected by the password you use to access your online account, so please keep this password confidential.. We also use reasonable safeguards to protect your PD maintained in hard copy records. For example, PD maintained in hard copy records may be kept in locked locations or cabinets. We restrict the number of employees who have access to PD, regardless of the format in which the data is maintained. Employees who violate our privacy and security policies are subject to disciplinary action up to and including termination. We require the Vendors who have access to your data to maintain the security of your data. Please note that we cannot ensure the security of Online Services PD or other PD you transmit to us, and you use our Service and otherwise provide us with your data at your own risk.

5. CHANGES TO THIS PRIVACY POLICY

   We reserve the right to change this Privacy Policy at any time. Any changes will apply prospectively effective upon the posting of the revised Privacy Policy. Your continued use of the Service indicates your acknowledgment to the Privacy Policy and notices posted at the time of use. However, we will not use your previously collected PD in a manner that is materially different than was represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

6. CONTACT US

   You may request that we do these things or contact us with questions by:

   • Accessing your online account and updating your information;
   • Completing and submitting our Contact Form; or
   • Contacting us via email at consumerprivacyrep@brookshirebrothers.com, and responding to any follow up inquiries we make.
   • After contacting us in one of the above ways, please follow the instructions in the e-mail, direct mail, or mobile communication you receive from us.

Terms of Use

PLEASE READ THESE TERMS OF USE AND ANY APPLICABLE ADDITIONAL TERMS (COLLECTIVELY, “TERMS”) CAREFULLY, AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BROOKSHIRE BROTHERS, INC., AND ITS AFFILIATES (COLLECTIVELY, "BROOKSHIRE BROTHERS, INC.").

These Terms govern your use of websites platforms, apps, programs, offers, content, information, services, communications (including chats and emails), features, and other online or digital products or services that post a link to or are otherwise indicated to be governed by these Terms (the “Service” or “Services”). By accessing, visiting, or otherwise using the Services in any manner, you agree that you have read and understood these Terms, and to be bound by these Terms. If you do not agree to these Terms, then do not use the Services and uninstall or delete Service downloads and applications. You also acknowledge that you have read and understood our data practices as described in our Privacy Policy.

PLEASE BE AWARE OF THE FOLLOWING BEFORE PROCEEDING:

• These Terms include an Arbitration Agreement with a Class Action Waiver and Jury Trial Waiver that governs any disputes between you and us. This Arbitration Agreement and other provisions will: (i) eliminate your right to a trial by jury to the extent allowable under applicable law; and (ii) substantially affect your legal rights, including preventing you from bringing, joining, or participating in class or consolidated litigation and provides special terms for potential consolidated arbitration.
• In some instances, additional or different terms and/or conditions will apply to your use of the Services or to a service or product offered via the Services (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
• We may prospectively change these Terms or applicable Additional Terms, by posting new or changed terms on the Services as more fully described in the Changes to Service and These Terms

1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE

1.1 All right, title and interest to the Service and all of its content, information, and other materials contained and available on the Service including, but not limited to, all text, fonts, images, audio, software, video clips, screens, and content arrangement (collectively, “Content”) are owned by or licensed to Brookshire Brothers, Inc. and its subsidiaries or affiliates and are protected by copyright, trademark and other intellectual property rights and unfair competition laws under the United States and foreign laws (collectively, “Intellectual Property”). All right, title and interest in and to the Service, Content, and Intellectual Property therein belongs to Brookshire Brothers, Inc., our subsidiaries or affiliates, our licensors, or certain other third parties. Brookshire Brothers, Inc. owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Service and all of its contents.

1.2 Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under Intellectual Property. You are hereby granted a non-exclusive, non-transferable, limited license to view the Service, and to download and/or print insignificant portions of materials retrieved from the Service provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Service, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Brookshire Brothers, Inc. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY BROOKSHIRE BROTHERS, INC. AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.

1.3 Your right to use the Service and Content is subject to your strict compliance with these Terms and applicable Additional Terms. Your right to access and use the Service and Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Brookshire Brothers Licensed Elements”):

• Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
• Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
• Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negatively on us, and only send to recipients you have permission to contact;

If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

• Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Brookshire Brothers, Inc. does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Brookshire Brothers, Inc. and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software,except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Brookshire Brothers, Inc.; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
• If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
• Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Brookshire Brothers, Inc. names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Brookshire Brothers, Inc. or cause any other confusion, and (c) the links and the content on your website do not portray Brookshire Brothers, Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Brookshire Brothers, Inc. Brookshire Brothers, Inc. reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
• Use any other functionality expressly provided by Brookshire Brothers, Inc. on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.

1.4 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

1.5 In using the Service, you must respect the Intellectual Property and rights of others and Brookshire, Brothers, Inc. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the service please refer to the Procedure for Alleging Copyright Infringementsection below.

2. LINKS TO THIRD-PARTY SERVICES

Brookshire Brothers, Inc. provides links to third party web sites, mobile applications, content, or advertisement(s) (“Third-Party Services”), for your convenience. Brookshire Brothers, Inc. does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of Third-Party Services and all use is at your own risk. You should review the privacy policy and terms of use for each Third-Party Service and confirm they are acceptable prior to registration on or use of the Third-Party Service. Links to Third-Party Services do not imply endorsement of the Third-Party Service by Brookshire Brothers, Inc. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.

The below provisions apply to your use of the Services through Apple iOS.

Terms Applicable For Apple iOS

• To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Brookshire Brothers, Inc. and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
• The license granted to you by Brookshire Brothers, Inc. under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
• You acknowledge that Brookshire Brothers, Inc., and not Apple, is responsible for providing the Service and Content thereof.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
• To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
• Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Brookshire Brothers, Inc., Brookshire Brothers, Inc., and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
• When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
• Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.

3. DISCLAIMERS

3.1 AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS. BROOKSHIRE BROTHERS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. To the fullest extent permissible by applicable law, Brookshire Brothers, Inc. and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Brookshire Brothers Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Brookshire Brothers Licensed Elements, User Content or other Brookshire Brothers products or services, except as set forth in subsection 3.4 below.

3.2 Brookshire Brothers, Inc. disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from the Service, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in the Service, including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Service or any portion thereof, (d) your use of the Service, or (e) your use of any equipment or software in connection with the Service.

3.3 EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, BROOKSHIRE BROTHERS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

3.4 NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BROOKSHIRE BROTHERS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BROOKSHIRE BROTHERS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) BROOKSHIRE BROTHERS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY BROOKSHIRE BROTHERS PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BROOKSHIRE BROTHERS PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

4. LIMITATION OF LIABILITY

4.1 AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY BROOKSHIRE BROTHERS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Brookshire Brothers Licensed Elements, User Content or other Brookshire Brothers, Inc. products or services, except, to the extent not waivable under applicable law

4.2 The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Brookshire Brothers Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

4.3 AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BROOKSHIRE BROTHERS PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BROOKSHIRE BROTHERS, INC. IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

5. INDEMNITY

As permitted by applicable law, you agree to, and you hereby, defend (if requested by Brookshire Brothers, Inc.), indemnify, and hold Brookshire Brothers Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Brookshire Brothers Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Brookshire Brothers Parties’ use of the information that you submit to us (including your User Content) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Brookshire Brothers Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Brookshire Brothers, Inc. Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Brookshire Brothers Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Brookshire Brothers Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

6. PRODUCT SPECIFICATIONS, PRICING, TYPOGRAPHICAL ERRORS, AVAILABILITY OUTSIDE OF TEXAS AND LOUISIANA

5.1 We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Brookshire Brothers, Inc. shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Brookshire Brothers, Inc. is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.

5.2 The Service may contain references or cross references to Brookshire Brothers, Inc. products and services that are not available outside of Texas and Louisiana.

7. OPERATION OF SERVICE, INTERNATIONAL ISSUES, EXPORT CONTROLS

7.1 Brookshire Brothers, Inc. controls and operates the Service from the United States and makes no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

7.2 You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the Service to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

8. DISPUTE RESOLUTION: ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER

READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

6.1 FORUM SELECTION/JURISDICTION. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, these Terms or any applicable Additional Terms (collectively, “Dispute”) shall be in Lufkin, Texas. Each party submits to personal jurisdiction and venue in Lufkin, Texas for any and all purposes.

6.2 ARBITRATION AGREEMENT. YOU AGREE THAT ALL DISPUTES, ACTIONS, AND CLAIMS RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES, AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS (EXCEPT FOR LEGAL ACTION TAKEN TO SEEK AN INJUNCTION OR OTHER EQUITABLE RELIEF RELATED TO THE SERVICES, OR USER GENERATED CONTENT, OR CLAIMS RELATED TO THE VALIDITY OR ENFORCEABILITY OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS) (COLLECTIVELY “DISPUTE”) WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), FEDERAL ARBITRATION LAW, AND LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT ANY DISPUTE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN THROUGH OTHER LEGAL PROCEEDINGS IN COURT. Arbitration is more informal than a lawsuit filed in court. All disputes will be resolved before a neutral arbitrator, instead of a judge, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

• Informal Dispute Resolution First. You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin the process, and before initiating an arbitration or legal proceeding against us, you must give us a Notice of Dispute, which is a written statement that sets forth your full name, address and contact information (email address and phone number), the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to: Brookshire Brothers, Inc., Legal Department, Attention Arbitration, 1201 Ellen Trout Drive, Lufkin, Texas 75904. You and Brookshire Brothers, Inc. will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Brookshire Brothers, Inc. may commence arbitration. You are not required to wait 60 days to file a small claims action.
• Arbitration Procedures. To the extent not inconsistent with these Terms, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's supplementary procedures for consumer-related disputes and Mass Arbitration Supplementary Rules. The AAA's rules are available at adr.orgor by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Angelina County, Texas. We will exercise our discretion in electing to reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Brookshire Brothers, Inc. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.

You agree that the making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that, to the extent permitted by applicable law, any and all disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.

To the extent permitted by law, any dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or notice of dispute could first be filed. If such a dispute isn't filed within one year, it's permanently barred.

• Additional procedures for multiple case filings. You and Brookshire Brothers, Inc. agree that these additional procedures for multiple case filings shall also apply (in addition to the other provisions of this arbitration agreement and the applicable AAA rules) if you choose to bring your dispute as part of twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.

STAGE ONE: If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.

STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then, notwithstanding Section 13.5, your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

• Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each stage, i.e., Stage One, Stage Two, and if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitrations process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.
• Exceptions to Arbitration. The Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or Brookshire Brothers, Inc.: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

6.3 CLASS ACTION WAIVER. As permitted by applicable law, you and Brookshire Brothers, Inc. each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, if the provision regarding waiver of class, collective, consolidated, private attorney general, or representative action is found to be void or otherwise unenforceable, any such class, collective, consolidated, private attorney general, or representative action must be heard and determined through an appropriate court proceeding, and not in arbitration.

6.4 JURY TRIAL WAIVER. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

9. CHANGES TO SERVICE AND THESE TERMS

It is your responsibility to review the posted Terms each time you use the Services. Brookshire Brothers, Inc. reserves the right at any time to update, change, modify, or revise these Terms from time-to-time and you agree that we may notify you by posting them on the Service (or in another reasonable manner of our choosing). Please review the Service periodically for changes. If there are material changes, we may send you notice of the change by e-mail or through other methods on the Service. Any changes will become effective as to new use upon posting to the Services, and the date on which it was most recently updated will be indicated by the “Last Updated” section of these Terms. Your continued use of the Service following any change constitutes your acceptance of the Terms as modified. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.

10. ENTIRE AGREEMENT; SEVERABILITY

These Terms incorporate by reference Additional Terms and, as applicable, collectively constitute the entire agreement with respect to your access to and use of the Services. If any provision of these Terms or any applicable Additional Terms is, for any reason, deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from the remaining provisions from these Terms or the applicable Additional Terms, and the invalidity of the provision shall not affect the validity and enforceability of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive, and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. 

11. ELECTRONIC COMMUNICATIONS

9.1 When you use our Services, send e-mails to us, or sign up to receive e-mails or text messages from us, you are communicating and consenting to communicating with us electronically. You are also consenting to receiving electronic records from us. We will communicate with you by e-mail or by posting notices on the Service or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any communication or other information sent to Brookshire Brothers, Inc. via e-mail or otherwise in connection with your use of the Service, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Brookshire Brothers, Inc. for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Brookshire Brothers, Inc.

9.2 We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Service, other than to read the Terms (or Additional Terms) and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you. In order to withdraw your consent, update your contact information, or obtain paper copies of electronic records, you must contact us as outlined in the Contact Us section of these Terms, and stop using the Service. If you withdraw your consent, you will be removed from any email or text message program. If there is a cost to provide you with paper copies of electronic records, we will disclose that to you prior to sending you records. Your consent to receive electronic records applies to your use of the Service, including any email or text message programs. Your devices must be able to review websites and electronic documents, receive email, or receive text messages to receive electronic records, depending on whether you are using the Service, or subscribing to email or text messages.

12. LINKS TO BROOKSHIRE BROTHERS, INC. WEB PAGES

10.1 Brookshire Brothers, Inc. permits links to the Service provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of the Service to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give Brookshire Brothers, Inc. notice of all such links by sending an e-mail to this e-mail address is being protected from spambots. You need JavaScript enabled to view it, and (d) you discontinue providing links to the Service if notified by Brookshire Brothers, Inc.

10.2 When linking to the Service you may use one or more Brookshire Brothers, Inc. logos as a link anchor. To ensure proper usage of Brookshire Brothers, Inc. logos, we've presented them here. These logos are trademarks of Brookshire Brothers, Inc. and Brookshire Brothers, Inc. retains all rights in them. Brookshire Brothers, Inc. grants you a limited license to use these logos solely for linking to Brookshire Brothers, Inc. web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Brookshire Brothers, Inc. does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on the Service and any other use is strictly prohibited.

13. MESSAGE BOARDS, BLOGS, & SHARING

11.1 Brookshire Brothers, Inc. may, now or in the future, allow users to post, upload transmit through, or otherwise make available on the Service (collectively, "submit") messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). Except to the extent of the rights and licenses you grant in these Terms and subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.

11.2 Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Brookshire Brothers, Inc. does not assume any obligation of any kind to you or any third-party with respect to your User Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your User Content is submitted at your own risk.

In your communications with Brookshire Brothers, Inc., please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, Brookshire Brothers, Inc. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Brookshire Brother, Inc.’s receipt of your Unsolicited Ideas and Materials is not an admission by Brookshire Brother, Inc. of their novelty, priority, or originality, and it does not impair Brookshire Brother, Inc.’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

11.3 Brookshire Brothers, Inc. is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Brookshire Brothers, Inc. does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Brookshire Brothers, Inc. be liable for any loss or damage caused by reliance on the Service, User Content or information or materials obtained through User Content. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such User Content on the Service or elsewhere.

11.4 You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent. You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

11.5 Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the Intellectual Property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Brookshire Brothers, Inc. the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Brookshire Brothers, Inc. obligation to obtain consent of any third-party and without creating any obligation or liability of Brookshire Brothers, Inc.; (b) the User Content is accurate; (c) the User Content does not and, as to Brookshire Brothers. Inc.’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the User Content will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

11.6 Brookshire Brother’s Inc. has no obligation to monitor or enforce your Intellectual Property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including initiating actions in your name and on your behalf (at Brookshire Brothers, Inc.’s cost and expense, to which you hereby consent and irrevocably appoint Brookshire Brothers, Inc. as your attorney-in-fact, with the power of substitution and delegation, which appointment is couple with an interest).

11.7 User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Brookshire Brothers, Inc. has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.

11.8 Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your User Content, or in our Privacy Policy, by submitting User Content, you automatically grant Brookshire Brothers, Inc. a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Brookshire Brothers, Inc. deems appropriate including, but not limited to, in connection with Brookshire Brothers, Inc., its subsidiaries, affiliates, or business. In order to further effect the rights and license that you grant to Brookshire Brothers, Inc. to your User Content, you also, as permitted by applicable law, hereby grant to Brookshire Brothers, Inc., and agree to grant to Brookshire Brothers, Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.

14. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

Brookshire Brothers, Inc. will respond appropriately to notices of alleged U.S. copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a U.S. copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) U.S. copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service ; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be by U.S. Mail to: Brookshire Brothers, Inc., Legal Department, ATTN: Legal Department – Copyright Protection, 1201 Ellen Trout Drive, Lufkin, Texas 75904.

15. YOUR ACCOUNT

13.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are also responsible for any use of the Service on your Device (whether or not logged into your account). If you become aware of or suspect any unauthorized use of your account, password, or username, or any other breach of security, please notify us immediately at [insert contact].

13.2 Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

16. INVESTIGATIONS, COOPERATION WITH LAW ENFORCEMENT, TERMINATION, SURVIVAL

As permitted by applicable law, Brookshire Brothers, Inc. reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Brookshire Brothers, Inc. in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Brookshire Brothers, Inc. to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to Brookshire Brothers, Inc. under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Brookshire Brothers, Inc., all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Brookshire Brothers, Inc. in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

17. ASSIGNMENT

Brookshire Brothers, Inc. may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Brookshire Brothers, Inc.

18. COMPLETE AGREEMENT, NO WAIVER

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Brookshire Brothers, Inc. in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

19. CERTAIN ACTIVITIES

Certain activities provided via the website may be covered by U.S. Patent 5,930,474.

20. CONTACT US

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. Please submit all legal notices to Brookshire Brothers, Inc., Legal Department, ATTN: Legal Department, 1201 Ellen Trout Drive, Lufkin, Texas 75904

If you require assistance from our Customer Support team, please submit the Customer Support Form. You acknowledge that we have no obligation to provide you with customer support of any kind and that Customer Support personnel cannot change or waive Terms or applicable Additional Terms.

Effective: March 17, 2014

Last Updated: July 29th, 2024