Terms of Use

Last Updated May 9, 2018

This web site and all related web pages, mobile applications, and social media pages and accounts (collectively, the “Site”) are provided by Market 5-ONE-5, together with its affiliates and subsidiaries (collectively, “Market 5-ONE-5”), as a service to its customers. The Site includes without limitation (a) services offered through Market 5-ONE-5.com and other on-line services accessible via the Site (“Services”); and (b) information such as product, program, pricing, marketing, and other valuable information and content such as data, text, photographs, graphics, messages or other materials (“Content”). By placing an order through the Site or using the Site in any other manner, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms”).

If you do not agree to the following terms, please do not use the Site.

Additional Terms

Additional policies and terms may apply to specific portions of the Site and are not included as part of these Terms. Please refer to and review all such additional terms, which include, but may not be limited to, the Privacy Policy and the Market 5-ONE-5 ONE COMMUNITY Program Terms and Conditions,  If there is a conflict between these Terms and the Additional Terms, the latter shall have precedence with respect to your use of that area of the Site.

Modifications of Terms and Additional Terms

We may revise these Terms and/or the Additional Terms at any time without notice to you. If the Terms and/or Additional Terms are revised, we will post the new terms on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms or Additional Terms as revised, and your use of the Site following the posting will constitute your acceptance of these Terms and the Additional Terms as revised. Please review these Terms and the Additional Terms on a regular basis.

Market 5-ONE-5 Services

Market 5-ONE-5 may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that Market 5-ONE-5 intends to offer them in your location. Market 5-ONE-5 controls and operates the Site from the United States and makes no representation that the Site is appropriate or available for use in all locations.

Health Information

Any information and content pertaining to health and general wellness on the Site (“Health Information”) is for informational purposes only. None of the Health Information is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. The Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.

Third Party Content

The Service may contain links to, and interactive functionality interacting with, third party sites, applications and other online services (collectively “applications”), including social media applications, e-commerce applications, and product manufacturers' applications (collectively, “Third Party Services”). Market 5-ONE-5 is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Services. Before enabling any sharing functions of the Services to communicate with any such Third Party Services or otherwise visiting any such Third Party Services, Market 5-ONE-5 strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Service. The links and interactive functionality for Third Party Services on the Services do not constitute an endorsement by Market 5-ONE-5 of such Third Party Services. In some cases, Third Party Services may post both our and the Third Party Services operators’ terms and privacy policy, in which case our terms and privacy policy govern us and the Third Party Services operators’ terms and privacy policy govern them. Other Third Party Services may link to the Services with or without our authorization, and we may block any links to or from the Third Party Services, in our sole discretion. YOUR USE OF THIRD PARTY SERVICES AND RESOURCES IS AT YOUR OWN RISK.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Third Party Services or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Market 5-ONE-5 disclaims all liability in connection therewith.

Hyperlinks

You may provide hyperlinks to the Site from your own website as long as you do not use any Market 5-ONE-5 trademarks, and do not hyperlink to the Site by any means that gives visitors to your own website the impression that you are hyperlinking to pages that are within your own website, or that Market 5-ONE-5 endorses your website, sponsors your website, or is in any way affiliated with your website. You shall not attribute a hyperlink on your website to the Site and then hyperlink somewhere else. You may not “frame” any portion of the Site or present any portion of the Site as belonging to you or any third party.

Market 5-ONE-5 makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third-party web site, products or services provided by any third party.

Submissions

Subject only to provisions outlined in our Privacy Policy, any comments or materials submitted to Market 5-ONE-5 through the Site, including without limitation, feedback data such as questions, comments, suggestions, or the like regarding the Content (“Feedback”) shall be deemed to be non-confidential. Further, Raley’s shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.

Ownership

Any and all Content posted on the Site is owned by Market 5-ONE-5 and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Market 5-ONE-5 and/or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Market 5-ONE-5’s name, logo or other trademarks for any purpose without the express written consent of Market 5-ONE-5. Any rights not expressly granted herein are reserved by Market 5-ONE-5.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARKET 5-ONE-5 IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT MARKET 5-ONE-5 SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF RALEY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF MARKET 5-ONE-5 (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify and hold Market 5-ONE-5, its affiliates, and their respective employees, officers, directors, shareholders and agents harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.

Privacy

Market 5-ONE-5 considers protecting your personal data to be important, and has developed a Privacy Policy describing Market 5-ONE-5’s personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

Policies and Enforcement

Market 5-ONE-5 has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. Market 5-ONE-5 may access at any time and use internally for any lawful purpose information stored in its systems. Market 5-ONE-5 may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.

You agree not to access the Site except through the visual user interfaces authorized by Market 5-ONE-5 or through our authorized accessibility alternatives. You further agree not to use the Site for any commercial uses other than management of your personal account with us, for personal, family, or home delivery of groceries by Market 5-ONE-5 or to supply your business with groceries delivered by Market 5-ONE-5, unless you obtain Market 5-ONE-5’s prior written approval. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” or “offline readers (other than screen readers and similar devices designed to assist visually impaired persons),” that accesses the Site. Notwithstanding the foregoing, Market 5-ONE-5 grants the operators of publicly accessible search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, and not indices which enable the purchase of products except from Market 5-ONE-5 directly.

Consent to Email Communication

When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in Yolo County, California or Sacramento County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.

Notice for California Residents

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at PO Box 15444

Sacramento, CA 95851 Attn: Market 5-ONE-5 Legal Compliance and making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

Coupon Policy

Market 5-ONE-5's stores currently accept company coupons, manufacturer coupons, and coupons printed from the internet. We reserve the right to not accept certain coupons in our sole discretion.

We also generally accept a manufacturer’s coupon in addition to our store coupon for the same item as long as the combined amount of the coupons does not exceed the price of the item. We do not accept both a manufacturers' printed coupon and a manufacturers' electronic (load to card) coupon for the same item in the same transaction. This is often referred to as “coupon stacking,” and is against our policy.

We cannot give cash back if the combined coupons would be higher than the price of the item.

We do not accept competitor's coupons, expired coupons, coupons for product sizes or flavors that our stores do not carry or coupons that are for more than the price of the item. We currently do not support double-the-coupon value promotions.

We make every effort to keep coupon items stocked on our shelves. Coupon offers are good for supply on hand and may not be available at all store locations.

General

These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.