Terms of Use
Welcome to the Nash-Finch Company Web Site.
Nash-Finch Company (“Nash Finch”) maintains the www.nashfinch.com website (the “Site”) as a service to our customers and to provide online access to information about Nash Finch. We hope you find the information on the Site both interesting and useful.
By accessing the Site, you agree to follow and be bound by these Terms of Use. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose, and you must immediately terminate your use of the Site. Nash Finch reserves the right to modify these Terms of Use at any time without prior notice to you.
Ownership and Use of Materials
Nash Finch (including its subsidiaries and affiliates) owns all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site. You are hereby granted a non-exclusive, non-transferable, limited license to view the Site and to download, print and store insignificant portions of materials from the Site provided that you: (1) use the materials for personal and non-commercial purposes; (2) do not post the materials onto any network computer or transmit, distribute, publish or broadcast the materials in any media; and (3) do not modify or alter the materials in any way or delete or change any copyright, trademark or proprietary notices that appear on the Site. Nash Finch reserves the right to modify or change the Site at any time without prior notice.
Links to Third Party Sites
Any links to third party sites are provided for your convenience. Nash Finch does not assume responsibility for the content of any third party sites.
User Conduct
You agree not to take any action that would violate or attempt to violate the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site.
Disclaimer
YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE SITE IS PROVIDED BY NASH FINCH ON AN “AS IS” AND “AS AVAILABLE” BASIS. NASH FINCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NASH FINCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. NASH FINCH SHALL NOT BE LIABILE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR INABILITY TO USE THE SITE. NASH FINCH DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPED, SECURE OR ERROR-FREE OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY WILL NASH FINCH OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INABILITY TO USE THE SITE. TO THE EXTENT THE ABOVE LIMITATION OF LIABIILTY IS NOT PERMITTED UNDER APPLICABLE STATE LAW, NASH FINCH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW AND NASH FINCH’S LIABILITY SHALL, IN NO EVENT, EXCEED $100.00.
Indemnification
You understand and agree that you are personally responsible for your use of the Site. You agree to defend, indemnify and hold harmless Nash Finch, its subsidiaries, affiliates, business partners, licensors, directors, officers, employees, agents and any third-party information providers to the Site from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
User Supplied Information
If you supply or post any information or material to or via the Site, you automatically grant Nash Finch a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, right to use, distribute, display and create derivative works from the information or material in any and all media and in any manner Nash Finch deems appropriate.
Privacy
For information on our general privacy practices, please refer to our Privacy Statement. For information on our pharmacy privacy practices, please refer to our Notice of Pharmacy Privacy Practices.
General
These Terms of Use represent the complete agreement between you and Nash Finch with respect to the Site. No waiver by Nash Finch of any breach of these Terms of Use by you or others shall constitute a waiver or limit Nash Finch’s rights with respect to such breach or any subsequent breaches. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable and the unenforceable provision shall not impact any other provision of these Terms of Use, all of which shall remain in full force and effect. These Terms of Use shall be governed by Minnesota law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of the Site must be brought in the state or federal courts of Minnesota and you consent to the exclusive personal jurisdiction of such courts.
Questions
If you have questions regarding these Terms of Use or the Site, please send a letter via U.S. Mail to the following address:
Nash Finch Company
PO Box 355
Edina MN 55440-0355
Attn: Legal Department
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