Terms of Service

TERMS OF SERVICE

WELCOME TO THE WEGMANS COMPLEMENTS MARKETPLACE (THE “SITE”) OPERATED BY MAC MAC MARKETPLACE (“MMM”), AN INDEPENDENT COMPANY THAT IS SEPARATE FROM WEGMANS FOOD MARKETS, INC. (“WEGMANS”. THESE TERMS AND CONDITIONS, NOT WEGMANS’, GOVERN THE USE OF THE SITE. MMM PROVIDES ITS SERVICES TO YOU SUBJECT TO THE FOLLOWING CONDITIONS. BEFORE YOU MAY USE THE SITE, YOU MUST READ AND ACCEPT ALL OF THE TERMS AND CONDITIONS IN, AND LINKED TO, THESE TERMS OF SERVICE AND THE LINKED PRIVACY POLICY. WE STRONGLY RECOMMEND THAT, AS YOU READ THESE TERMS OF SERVICE, YOU ALSO ACCESS AND READ THE LINKED INFORMATION, SINCE IT IS INCORPORATED INTO AND HEREBY MADE PART OF THIS DOCUMENT. BY VISITING THE SITE YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. USE OF ANY FUNCTIONALITY OF THE SITE CONSTITUTES ACCEPTANCE OF TERMS OF SERVICE. IF MMM’S TERMS OF SERVICE CONFLICT WITH ANY OTHER DOCUMENTS, THE TERMS OF SERVICE WILL SUPERSEDE FOR THE PURPOSES OF USAGE OF THE SITE. YOU MAY ONLY USE CERTAIN PORTIONS OF THE SITE IF YOU ARE A REGISTERED MEMBER OR RETAIL PARTNER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE IN ANY WAY.

  1. DESCRIPTION OF SERVICES.

IN THE SITE, MMM PROVIDES REGISTERED AND NON-REGISTERED SHOPPERS WITH ACCESS TO A VARIETY OF INDEPENDENT RETAILERS (“RETAIL PARTNERS”) AND THEIR WARES. ALL SHOPS ON THE SITE ARE INDEPENDENTLY OWNED. RETAILERS ARE RESPONSIBLE FOR THEIR OWN CONTENT AND CUSTOMER SERVICE. YOU ARE RESPONSIBLE FOR OBTAINING ACCESS TO THE SITE, AND THAT ACCESS MAY INVOLVE THIRD-PARTY FEES (SUCH AS INTERNET SERVICE PROVIDER OR AIRTIME CHARGES). IN ADDITION, YOU MUST PROVIDE AND ARE RESPONSIBLE FOR ALL EQUIPMENT NECESSARY TO ACCESS THE SITE.

  1. LICENSE AND SITE ACCESS.

MMM GRANTS YOU A LIMITED LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE SITE AND THE SERVICE. THIS LICENSE DOES NOT INCLUDE ANY DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER VENDOR OR ANY OTHER THIRD PARTY; CACHING, UNAUTHORIZED HYPERTEXT LINKS TO THE SITE AND THE FRAMING OF ANY CONTENT AVAILABLE THROUGH THE SITE UPLOADING, POSTING, OR TRANSMITTING ANY CONTENT THAT YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE (SUCH AS THE INTELLECTUAL PROPERTY OF ANOTHER PARTY); UPLOADING, POSTING, OR TRANSMITTING ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT; ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN MMM’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON MMM’S INFRASTRUCTURE; OR ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS. YOU MAY NOT BYPASS ANY MEASURES USED BY MMM TO PREVENT OR RESTRICT ACCESS TO THE SITE. ANY UNAUTHORIZED USE BY YOU SHALL TERMINATE THE PERMISSION OR LICENSE GRANTED TO YOU BY MMM.

3.REGISTRATION ELIGIBILITY.

MMM’S SERVICE IS NOT AVAILABLE TO ANY REGISTERED SHOPPERS SUSPENDED OR REMOVED FROM THE SYSTEM BY MMM FOR ANY REASON. REGISTERED SHOPPERS MAY NOT HAVE MORE THAN ONE ACTIVE ACCOUNT. ADDITIONALLY, REGISTERED SHOPPERS ARE PROHIBITED FROM SELLING, TRADING, OR OTHERWISE TRANSFERRING YOUR ACCOUNT TO ANOTHER PARTY. IF YOU DO NOT QUALIFY, YOU MAY NOT USE MMM’S SERVICE OR THE SITE.

4.YOUR ACCOUNT.

IN CONSIDERATION OF YOUR USE OF THE SITE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. YOU ALSO AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF AS PROMPTED BY THE SITE’S REGISTRATION FORM. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE (OR BECOMES UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE), OR MMM HAS REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, MMM HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SITE (OR ANY PORTION THEREOF). IF YOU USE THE SITE, YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD, AND FOR RESTRICTING ACCESS TO YOUR COMPUTER. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR PASSWORD. BECAUSE OF THIS, WE STRONGLY RECOMMEND THAT YOU EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION. YOU AGREE TO NOTIFY MMM IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY. MMM RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, OR REMOVE OR EDIT CONTENT IN ITS SOLE DISCRETION.

5.SUBMITTED CONTENT.

MMM DOES NOT CLAIM OWNERSHIP OF ANY MATERIALS REPRESENTED FOR SALE ON THE SITE. RETAIL PARTNERS WHO HAVE ENTERED INTO A RETAIL PARTNER AGREEMENT WITH MMM ARE INDEPENDENTLY OWNED AND OPERATED, AND ARE RESPONSIBLE FOR THE CONTENT, IMAGERY SELECTION AND USAGE, COPYWRITING, PRICING AND TRANSACTIONS MADE THROUGH THE SITE. AS THESE RETAILERS MAY CHANGE THEIR CONTENT AT ANY TIME, MMM MAKES NO GUARANTEES NOR REPRESENTATIONS AS TO WHAT IS AVAILABLE ON ANY SHOP’S SITE WITHIN THE SITE.

6.DISCLAIMER OF WARRANTY.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

MMM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN MMM, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL MMM OR WEGMANS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A REGISTERED OR NON-REGISTERED SHOPPER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE OR REGISTERED OR NON-REGISTERED SHOPPER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE REGISTERED OR NON-REGISTERED SHOPPER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

WEGMANS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) AND RESPONSIBILITIES IN CONNECTION WITH THE SITE OR ANY LINKED SITE, AND ANY AND ALL CONTENT, PRODUCTS, SERVICES, OPINIONS, ADVICE AND STATEMENTS ON THE SITE OR ANY LINKED SITE.

7.LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MMM AND WEGMANS AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE OR ANY LINKED SITE, OR CONTENT, PRODUCTS OR SERVICES OF THE SITE OR ANY LINKED SITE.

8.INDEMNITY.

YOU AGREE TO INDEMNIFY AND HOLD MMM AND WEGMANS (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, OR ARISING OUT OF OR RELATED TO YOUR BREACH OF THIS TERMS OF SERVICE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

9.ELECTRONIC COMMUNICATION.

WHEN YOU USE THE SITE OR SEND EMAILS TO MMM, YOU ARE COMMUNICATING WITH MMM ELECTRONICALLY. YOU CONSENT TO RECEIVE COMMUNICATIONS ELECTRONICALLY FROM MMM, WEGMANS AND ITS SITE AFFILIATES. MMM WILL COMMUNICATE WITH YOU BY EMAIL OR BY POSTING NOTICES ON THE SITE. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT ARE PROVIDED TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

10.SITE-PROVIDED EMAIL AND POSTINGS.

THE SITE MAY PROVIDE REGISTERED SHOPPERS WITH THE ABILITY TO SEND EMAIL MESSAGES TO OTHER REGISTERED SHOPPERS AND NON-REGISTERED SHOPPERS. MMM IS UNDER NO OBLIGATION TO REVIEW ANY MESSAGES, INFORMATION OR CONTENT (“POSTINGS”) POSTED ON THE SITE BY REGISTERED OR NON-REGISTERED SHOPPERS AND ASSUMES NO RESPONSIBILITY OR LIABILITY RELATING TO ANY SUCH POSTINGS. NOTWITHSTANDING THE ABOVE, MMM MAY FROM TIME TO TIME MONITOR THE POSTINGS ON THE SITE AND MAY DECLINE TO ACCEPT AND/OR REMOVE ANY EMAIL OR POSTINGS. YOU UNDERSTAND AND AGREE NOT TO USE ANY FUNCTIONALITY PROVIDED BY THE SITE TO POST CONTENT OR INITIATE COMMUNICATIONS THAT CONTAIN:

(a)ANY UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, VULGAR, OBSCENE, PROFANE, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL WHICH ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW.

(b)ADVERTISEMENTS OR SOLICITATIONS OF ANY KIND.

(c)ANY KIND OF FALSE INFORMATION OR ATTEMPTS TO IMPERSONATE OTHERS. PERSONAL INFORMATION SUCH AS MESSAGES WHICH STATE PHONE NUMBERS, SOCIAL SECURITY NUMBERS, ACCOUNT NUMBERS, ADDRESSES, OR EMPLOYER REFERENCES.

(d)MESSAGES BY NON-SPOKESPERSON EMPLOYEES OF MMM AND/OR WEGMANS PURPORTING TO SPEAK ON BEHALF OF MMM OR CONTAINING CONFIDENTIAL INFORMATION OR EXPRESSING OPINIONS CONCERNING MMM OR THE SITE.

(e)MESSAGES THAT OFFER UNAUTHORIZED DOWNLOADS OF ANY COPYRIGHTED OR PRIVATE INFORMATION.

(f)MULTIPLE MESSAGES PLACED WITHIN INDIVIDUAL FOLDERS BY THE SAME REGISTERED SHOPPER RESTATING THE SAME POINT.

(g)CHAIN LETTERS OF ANY KIND.

(h)IDENTICAL (OR SUBSTANTIALLY SIMILAR) MESSAGES TO MULTIPLE RECIPIENTS ADVERTISING ANY PRODUCT OR SERVICE, EXPRESSING A POLITICAL OR OTHER SIMILAR MESSAGE, OR ANY OTHER TYPE OF UNSOLICITED COMMERCIAL MESSAGE. THIS PROHIBITION INCLUDES, BUT IS NOT LIMITED TO A) USING THE SITE INVITATIONS TO SEND MESSAGES TO PEOPLE WHO DON’T KNOW YOU OR WHO ARE UNLIKELY TO RECOGNIZE YOU AS A KNOWN CONTACT; B) USING THE SITE TO CONNECT TO PEOPLE WHO DON’T KNOW YOU AND THEN SENDING UNSOLICITED PROMOTIONAL MESSAGES TO THOSE DIRECT CONNECTIONS WITHOUT THEIR PERMISSION; AND C) SENDING MESSAGES TO DISTRIBUTION LISTS, NEWSGROUP ALIASES, OR GROUP ALIASES.

11.LINKS.

THE SITE, RETAIL PARTNERS OR THIRD PARTIES MAY PROVIDE LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES. BECAUSE MMM HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER MMM NOR WEGMANS IS RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES NOR DO THEY ENDORSE OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER MMM NOR WEGMANS SHALL BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

12.ACCESS TO PASSWORD PROTECTED/SECURE AREAS.

ACCESS TO AND USE OF PASSWORD‑PROTECTED AND/OR SECURE AREAS OF THE SITE IS RESTRICTED TO AUTHORIZED PERSONNEL ONLY. UNAUTHORIZED INDIVIDUALS ATTEMPTING TO ACCESS THESE AREAS OF THE SITE MAY BE SUBJECT TO PROSECUTION.

13. MODIFICATION AND NOTIFICATION OF CHANGES

MMM RESERVES THE RIGHT TO MAKE CHANGES TO THE SITE, RELATED POLICIES AND AGREEMENTS, THIS TERMS OF SERVICE AND THE PRIVACY POLICY AT ANY TIME. IF MMM MAKES A MATERIAL MODIFICATION TO THESE TERMS OF SERVICE, IT WILL NOTIFY YOU BY:

(a)SENDING AN EMAIL TO THE ADDRESS ASSOCIATED WITH YOUR ACCOUNT. MMM IS NOT RESPONSIBLE FOR YOUR FAILURE TO RECEIVE AN EMAIL DUE TO THE ACTIONS OF YOUR ISP OR ANY EMAIL FILTERING SERVICE; THEREFORE, YOU SHOULD ADD THE SITE TO THE LIST OF DOMAINS APPROVED TO SEND YOU EMAIL (COMMONLY KNOWN AS YOUR “WHITELIST”); AND

(b)DISPLAYING A PROMINENT ANNOUNCEMENT ABOVE THE TEXT OF THIS DOCUMENT OR THE PRIVACY POLICY, AS APPROPRIATE, FOR THIRTY (30) DAYS, WITH (I) AND (II) BEING DEEMED SUFFICIENT NOTIFICATION, OF SUCH CHANGES. AFTER NOTICE OF A MODIFICATION TO THE TERMS OF SERVICE OR THE PRIVACY POLICY HAS BEEN POSTED FOR 30 DAYS, THE NOTICE WILL BE REMOVED AND A BRIEF DESCRIPpTION OF THE MODIFICATION AND THE DATE THAT IT WENT INTO EFFECT WILL BE PLACED IN THE HISTORICAL MODIFICATIONS SECTION AT THE END OF THE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU HAVE NOT USED THE SITE FOR MORE THAN 30 DAYS, YOU SHOULD CHECK THESE TWO SECTIONS FOR ANY MODIFICATIONS TO THE TERMS OF SERVICE OR PRIVACY POLICY PRIOR TO ANY FURTHER USE OF THE SITE. SHOULD YOU WISH TO TERMINATE YOUR ACCOUNT DUE TO A MODIFICATION TO THE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MAY DO SO BY SENDING AN EMAIL WITH THE SUBJECT LINE “TERMINATION” TO THE FOLLOWING EMAIL ADDRESS: INFO@MACMACMARKETPLACE.COM. IF YOU CHOOSE TO CONTINUE USING THE SITE, YOU AGREE THAT BY DOING SO YOU WILL BE DEEMED TO ACCEPT THE NEW TERMS OF SERVICE OR PRIVACY POLICY, AS RELEVANT.

14.TRADEMARKS.

THE TRADEMARKS, LOGOS AND SERVICE MARKS (“MARKS”) DISPLAYED ON THE SITE ARE THE PROPERTY OF MMM, WEGMANS AND OTHER PARTIES. REGISTERED SHOPPERS ARE PROHIBITED FROM USING ANY MARKS FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO USE AS METATAGS ON OTHER PAGES OR SITES ON THE WORLD WIDE WEB WITHOUT THE WRITTEN PERMISSION OF XMMM, WEGMANS OR SUCH THIRD PARTY WHICH MAY OWN THE MARKS. ALL INFORMATION AND CONTENT INCLUDING ANY SOFTWARE PROGRAMS AVAILABLE ON OR THROUGH THE SITE (“CONTENT”) IS PROTECTED BY COPYRIGHT. REGISTERED SHOPPERS ARE PROHIBITED FROM MODIFYING, COPYING, DISTRIBUTING, TRANSMITTING, DISPLAYING, PUBLISHING, SELLING, LICENSING, CREATING DERIVATIVE WORKS OR USING ANY CONTENT AVAILABLE ON OR THROUGH THE SITE FOR COMMERCIAL OR PUBLIC PURPOSES.

15.PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.

MMM RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR REGISTERED SHOPPERS TO DO THE SAME. MMM MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS DISCRETION, DISABLE AND/OR TERMINATE THE ACCOUNTS OF REGISTERED SHOPPERS WHO MAY BE INFRINGING THE INTELLECTUAL PROPERTY OF A THIRD PARTY. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, OR YOUR INTELLECTUAL PROPERTY RIGHTS HAVE BEEN OTHERWISE VIOLATED, PLEASE PROVIDE THE SITE’S COPYRIGHT AGENT THE FOLLOWING INFORMATION:

(a)AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INTEREST;

(b)A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU CLAIM HAS BEEN INFRINGED UPON;

(c)A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON THE SITE;

(d)YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS;

(e)A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW;

(f)A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER’S BEHALF.

MMM’S AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT CAN BE REACHED AS FOLLOWS:

BY MAIL: COPYRIGHT AGENT

C/O MAC MAC MARKETPLACE

5133 HARDING PIKE, SUITE B10-291

NASHVILLE, TN 37205 USA

BY PHONE: 877-482-4426

BY EMAIL: LEGAL@MACMACMARKETPLACE.COM

MMM MAY UPDATE THIS MAILING ADDRESS FROM TIME TO TIME. YOU AGREE THAT CHANGES TO THIS MAILING ADDRESS SHALL NOT CONSTITUTE A MODIFICATION TO TERMS OF SERVICE FOR THE PURPOSES OF SECTION 13.

16.SURVIVAL OF TERMS AFTER AGREEMENT ENDS.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, OR ANY GENERAL LEGAL PRINCIPLES TO THE CONTRARY, ANY PROVISION OF THESE TERMS OF SERVICE THAT IMPOSES OR CONTEMPLATES CONTINUING OBLIGATIONS ON A PARTY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS OF SERVICE.

17.GENERAL.

IF ANY OF THESE CONDITIONS ARE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THE PARTIES AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES’ INTENTIONS AS REFLECTED IN THE PROVISION, AND THE UNENFORCEABLE CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION. FROM TIME TO TIME THE SITE MAY OFFER SPECIAL PROMOTIONAL OFFERS WHICH MAY OR MAY NOT APPLY TO YOUR ACCOUNT. YOU AGREE TO BE BOUND BY ANY ADDITIONAL TERMS AND CONDITIONS FOR THESE SPECIAL OFFERS WHICH ARE IDENTIFIED BELOW. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF SUCH SECTION. THESE TERMS OF SERVICE AND THE RELATIONSHIP BETWEEN YOU AND MMM WILL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, EXCEPT THAT THE RELATIONSHIP BETWEEN YOU AND WEGMANS UNDER THESE TERMS OF SERVICE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND MMM AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF TENNESSEE WITH RESPECT TO ANY LEGAL PROCEEDINGS THAT MAY ARISE IN CONNECTION WITH THESE TERMS OF SERVICE BETWEEN YOU AND MMM. THE FAILURE OF MMM OR WEGMANS TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE ITS RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. NEITHER MMM NOR WEGMANS GUARANTEE IT WILL TAKE ACTION AGAINST ALL BREACHES OF THESE TERMS OF SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WEGMANS IS A THIRD PARTY BENEFICIARY OF THESE TERMS OF SERVICE AND WILL BE ENTITLED TO ENFORCE THE APPLICABLE DISCLAIMERS IN THESE TERMS OF SERVICE AGAINST YOU AND BRING A DIRECT ACTION AGAINST YOU IN THE EVENT OF BREACH OF ANY APPLICABLE PROVISIONS OF THESE TERMS OF SERVICE.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THERE SHALL BE NO THIRD-PARTY BENEFICIARIES TO THESE TERMS OF SERVICE. THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MMM AND GOVERNS YOUR USE OF THE SITE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND MMM WITH RESPECT TO THE SITE.

18.PRIVACY POLICY.

BY BUYING OR SELLING GOODS OR SERVICES THROUGH THE SITE YOU AGREE TO BE BOUND BY THE MMM’S PRIVACY POLICY AND MMM’S PAYMENT PROVIDER’S PRIVACY POLICY WHICH IS LOCATED AT https://stripe.com/us/privacy AND HEREBY CONSENT AND AUTHORIZE MMM AND THE PAYMENT PROVIDER TO SHARE ANY INFORMATION AND PAYMENTS INSTRUCTIONS YOU PROVIDE WITH ONE ANOTHER AND, TO THE EXTENT REQUIRED TO COMPLETE YOUR TRANSACTION, WITH ANY OTHER THIRD PARTY SERVICE PROVIDER(S).