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