Terms and Conditions

Acceptance

Terms and Conditions.  By clicking “I Accept” to these Terms, or by using the Big Y Sites, you affirm that you are of legal age to enter into these Terms; and that you expressly agree to be bound by these Terms, between you and Big Y.  If you are not of legal age to enter into these Terms, you affirm that you have obtained parental or guardian consent (a) to enter into these Terms and (b) to take responsibility for your use of the Big Y Sites and your compliance with these Terms.  If you violate or do not agree to these Terms, then you should not use the Big Y Sites.

Modifications to Terms and Conditions. Big Y reserves the right to modify these Terms at any time.  We will post the most recent version of these Terms on the Big Y Sites.  The most recent modification date will be noted by the “Last updated” date below.  Your Acceptance after we post any modified Terms indicates that you expressly agree to be bound by the modified Terms.

Defined Terms

In these Terms:

“Content” means merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).

“Materials” means Content that Big Y makes available on or through the Big Y Sites.

“Order” means an order placed on the Big Y Sites to purchase Products.

“Terms” means these Terms and Conditions and all other terms and policies posted by Big Y on the Big Y Sites, including the Privacy Policy.

“myBigY App” means the official “myBigY App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.

“Big Y” means Big Y Food, Inc. and its affiliates and subsidiaries.  We also refer to Big Y as “we” and “us.”

“Big Y Entities” means Big Y; its suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.

“Big Y Sites” means all or any portion (as may be applicable) of the Big Y website located at www.BigY.com; all other sites, microsites, mobile sites, services, applications, platforms and tools of Big Y or where these Terms appear or are linked; the myBigY App; and all related functionality, services, including any text alert programs, and Content offered by or for Big Y on or through them and the systems, servers, and networks used to make them available.

“You” or “your” refers to you, the user of any Big Y Site.

Your Use of the Big Y Sites

In connection with the Big Y Sites, you will not:

  • Make available any Content through or in connection with the Big Y Sites that is or may be in violation of the content guidelines set forth below (Prohibited Content).
  • Make available through or in connection with the Big Y Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the Big Y Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful.
  • Harvest or collect information about users of the Big Y Sites.
  • Interfere with or disrupt the operation of the Big Y Sites or the systems, servers, or networks used to make the Big Y Sites available, including by hacking or defacing any portion of the Big Y Sites or by making any “Denial-of-Service” attacks; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Big Y Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Big Y Sites except as expressly authorized in these Terms, without Big Y’s express written consent.
  • Reverse engineer, decompile, or disassemble any portion of the Big Y Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the Big Y Sites.
  • Frame or mirror any portion of the Big Y Sites, or otherwise incorporate any portion of the Big Y Sites into any product or service, unless you obtain Big Y’s written consent to do so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Big Y Sites, without Big Y’s written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms.

You will not use the Big Y Sites or Big Y name, logo, or brand to send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (b) use any meta tags or other hidden text or metadata utilizing a Big Y trademark, logo, URL, or product name without Big Y’s written consent.

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms.

Content and Ideas

Submitting Content and Ideas.  Big Y enables users to make available Content and Ideas in connection with the Big Y Sites.  You agree that you are responsible for all Content and Ideas you make available in connection with any Big Y Site.  You represent that you have the authority to grant the rights in such Content and Ideas as set forth in these Terms, including as set forth below; and such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms.  In other words, you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

Big Y’s Rights to Use Content and Ideas.  You grant to Big Y a royalty-free, fully paid-up, irrevocable, worldwide, unlimited, transferable, nonexclusive license to use, reproduce, create works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that Big Y is free to use any Ideas for any purpose.  Big Y may sublicense its rights in Content and Ideas through multiple tiers of sublicenses.  Big Y is, and will be, under no obligation to maintain any Content or Idea in confidence; or pay any compensation for any Content or Idea; or respond to any Content or Idea.  You grant to Big Y the right to use any name associated with any Content or Idea that you make available to Big Y, although Big Y has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.  You irrevocably waive any “moral rights” or other rights with respect to attrition of authorship or integrity or materials regarding Content that you may have under any applicable law.

Prohibited Content.  You agree that you will not make available Content in connection with the Big Y Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Big Y), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Big Y in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Big Y;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Big Y, its related entities, employees, and agents;
  • violates any policy posted on the Big Y Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the Big Y Sites or our partners.

Monitoring by Big Y

Big Y will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Big Y Sites, including to determine compliance with these Terms.  Big Y will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Big Y Sites, for any reason, including violation of these Terms, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Big Y for all claims resulting from any Content you make available.

Materials Available on the Big Y Sites

Big Y Entities may make available various Materials.  The Materials are for your personal, educational, non-commercial and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The Big Y Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the Big Y Sites, we would appreciate it if you let us know by contacting us at https://www.bigy.com/help.

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU.  CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE BIG Y ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

Third Party Sites and Services

References on Big Y Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  Big Y Entities are not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Big Y Sites operate or otherwise interact, nor are Big Y Entities responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).  You are also responsible for acquiring any hardware, device, software, wireless and Internet access, and other items required for you to use or access the Big Y Sites, and any associated fees, expenses or other charges.  Big Y Entities make no representation that the myBigY App will be compatible with or provided by all mobile carriers.

Products

The Big Y Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products.  Certain weights, measures, and similar descriptions are approximate and are for convenience only.

Big Y is not responsible for, and cannot guarantee the performance of, Products provided by third parties, including any Big Y Entity (other than Big Y Food Markets, Inc.), our advertisers, or other third parties to whose sites we link.  Product packaging and material may contain more and/or different information than that provided on Big Y Sites, including the Product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the Product before using or consuming the Product.  For additional information about a Product, please contact the manufacturer.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.  It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

Consent to Receive Telephone Calls and Text Messages

By accepting these Terms, you authorize Big Y and its affiliates or service providers to deliver informational telephone calls or text messages to any telephone number you provide when placing a product order on myPicks.BigY.com or registering for a service. Your cellular carrier may charge message and data rates for such messages or messages through myBigY App. Carriers are not liable for delayed or undelivered messages. Although Big Y does not require you to provide this consent as a condition to purchase goods, failure to provide consent may impact the functionality of certain services that are designed to use telephone and/or text messaging functionality to deliver information to you.

You may also give us consent to receive marketing text messages, such as messages relating to the goods and services we offer. Your cellular carrier may charge message and data rates for such messages. You understand and agree that such messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive such messages is not required to make a purchase.

When you give us your consent, you agree to receive up to six SMS or MMS marketing messages per month from us through the myBigY App, bigy.com or myPicks.bigy.com site.

You may withdraw your consent at any time by responding with the word “STOP” to any text message received from Big Y. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Big Y will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Big Y through any other programs you have joined, such as Pharmacy, until you separately unsubscribe from those programs.

Pricing and Promotions

Pricing and promotions for Products may be different on the Big Y Sites, in Big Y stores and on myBigY App.  Pricing or availability errors may occur on the Big Y Sites.  Promotional codes are (a) limited in nature and may expire or be discontinued with or without notice; (b) void where prohibited by law; (c) not to be copied, sold, or otherwise transferred; (d) not redeemable for cash; and (e) subject to cancellation or change at any time for any reason without notice.  We reserve the right in our sole discretion to impose conditions on the offering of any promotional code.

Your Account

To access certain services or areas of the Big Y Sites, you may be required to create an account.  If you choose to register for an Account, you agree to provide us with true, accurate, current and complete information about yourself and update us if there are changes to the information.  To the fullest extent permissible by applicable law, you acknowledge and agree that Big Y will have no liability associated with or arising from your failure to maintain accurate Account information, including your failure to receive important information and updates about the Big Y Sites.  If Big Y has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, Big Y may suspend or terminate your Account and refuse any and all current or future use of the Big Y Sites by you.  You may not transfer your Account to another user or entity.

If you create an Account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.

As a part of your Account registration, you are required to establish a username and a password.  This data is used to authenticate you when you use the Restricted Portion.  You are responsible for protecting the confidentiality of your username and password(s).  In addition, if you enable “Stay signed in” on one or more device(s), you are responsible for protecting the safety of and access to such device(s).  Big Y is not responsible for any losses you incur as a result of unauthorized use of your Account.  You agree to notify Big Y immediately of any unauthorized use of your username or password, or if your device(s) on which you’ve enabled “Stay signed in” has been lost or stolen or otherwise suffered unauthorized access, or any other actual or potential security breach relating to your Account.  Big Y reserves the right to require you to change your Account password if Big Y believes it is no longer secure.

If at any time you would like us to cancel your Account registration, please contact us at https://www.bigy.com/help.

You are responsible for use of your Account and for ensuring that use of or access to your Account and the Restricted Portion complies fully with these Terms.

If you use biometrics to access the Big Y Sites on your device (for example, by using a fingerprint authentication method enabled by your device), your use of such biometrics is governed by the agreement between you and your device manufacturer. Big Y does not receive any biometric data about you.

Big Y reserves the right at any time, in its sole discretion, to terminate your Account, refuse you service or access to any Restricted Portion, and/or cancel Orders.

Electronic Communications

When you send emails or other electronic messages to us, including in connection with the Big Y Sites, your Account or any Orders, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically.

Location Based Services

If you enable location-based services on your computer or other device in connection with your use of the Big Y Sites, you expressly consent to Big Y Entities collecting the precise location information of your device. This information will be used as set forth in our Privacy Policy,  including to personalize your service in and near our stores (such as by delivering offers to you).

Product Orders

Certain Products may be available for purchase via an Order on the Big Y Sites.

Prior to accepting an Order, we may request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an Order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all applicable taxes.

Big Y reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per Order for any reason.  We will attempt to notify you should such limits be applied.  Big Y also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Big Y for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

A breach of these Terms may result in cancellation of your Order.

Export Policy

You acknowledge that goods sold on the Big Y Sites and any services offered on the Big Y Sites are not sold or shipped outside the USA.

Intellectual Property

The Big Y Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights therein are owned or controlled by or licensed to Big Y, and are protected by U.S. and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms, and solely for so long as you are permitted by Big Y to use the Big Y Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (a) retain all copyright, trademark, or other proprietary designations contained on all Materials; (b) do not modify or alter the Materials in any way; and (c) do not provide or make available the Materials to any third party in a commercial manner.  In addition, subject to your compliance with these Terms, and solely for so long as you are permitted by Big Y to use the myBigY App, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the myBigY App on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of these Terms, you must immediately cease using the myBigY App and remove (that is, uninstall and delete) the myBigY App from your mobile device.

No license, right, title, or interest in the Big Y Sites or any Materials is transferred to you as a result of your use of the Big Y Sites or your accessing, viewing, downloading, or printing of the Materials.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Big Y Sites.  The Big Y Sites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Big Y Sites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the Big Y Sites and Materials is the exclusive property of Big Y and is also protected by U.S. and international copyright laws.

Big Y, the Big Y.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Big Y Sites are trademarks or trade dress of Big Y in the U.S. and other countries.  All other marks are the property of their respective companies.

Changes to the Big Y Sites

Big Y may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Big Y Sites, temporarily or permanently, including the availability of any portion of the Big Y Sites at any time with or without notice to you and you agree that Big Y shall not be liable to you or to any third party as a result of taking any of these actions. Your continued use of the Big Y Site after any changes, modifications or improvements have been made to any or all aspects of the Big Y Site will be construed to be your acceptance of such changes, modifications or improvements, and the applicability of these Terms to the Big Y Site with such changes, modifications or improvements.

Privacy

You acknowledge and agree that any personal information that you provide through the Big Y Sites will be used by Big Y in accordance with Big Y’s Privacy Policy which may be updated by Big Y.

Disclaimer of Warranties

THE Big Y SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Big Y SITES, ARE PROVIDED BY Big Y ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO Big Y ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Big Y SITES OR THE CONTENT, MATERIALS, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Big Y SITES.  THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY Big Y TO YOU THROUGH THE Big Y SITES.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE Big Y SITES IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE Big Y SITES, AND THE RESULTS AND PERFORMANCE THEREOF, AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Big Y SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO Big Y ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE Big Y SITES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE Big Y ENTITIES DISCLAIM ALL DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Big Y ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER OF THE Big Y SITES.  THIS SECTION CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Big Y WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Big Y SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A Big Y ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING AND THE DISCLAIMERS SET FORTH IN THESE TERMS (INCLUDING SECTION 19), TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Big Y ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF YOUR ACTUAL LOSS OR USD $100.

Indemnification

You agree to defend, indemnify, and hold the Big Y Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Big Y Sites or any breach by you of these Terms.  Big Y reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Big Y if and as requested by Big Y in the defense and settlement of such matter.

Disputes and Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Big Y OR ANY Big Y ENTITY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Big Y AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.  The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.  The arbitrator’s decision will follow the terms of these Terms and will be final and binding.  The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

Governing Law

These Terms, your use of the Big Y Sites, all Orders through the Big Y Sites and all related matters, regardless of your location, are solely governed by and construed under the laws of the State of Massachusetts, without regard to conflicts of law principles.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your rights under U.S. copyright law, you (or your agent) may send to Big Y a written notice by mail, e-mail or fax, requesting that Big Y remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Big Y a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:

  • Sufficient information identifying the copyrighted work(s) believed to be infringed.
  • Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Big Y to locate such material(s).
  • A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
  • Contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.

Notices and counter-notices must be sent in writing to Big Y’ DMCA agent as follows:

Big Y Legal Department

Mail: Big Y Foods, Inc., 2145 Roosevelt Ave., Springfield, MA 01102

Force Majeure

Big Y Entities will not be liable for any failure to perform any obligations contained in these Terms due to, directly or indirectly, the failure of any equipment, transmission or delivery problems, or any industrial dispute, war, natural disaster, act of terrorism, explosion, act of God or any other event beyond our/their control.

Termination

These Terms are effective unless and until terminated by either you or Big Y.  You may terminate these Terms at any time, provided that you discontinue any further use of the Big Y Sites.  We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Big Y Sites, if in our sole discretion you fail to comply with any term or provision of these Terms.  Upon any termination of these Terms by either you or Big Y, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Big Y Sites, as well as all copies of such Content, whether made under these Terms or otherwise.  Any sections that by their nature should survive termination will survive any termination of these Terms.

General

These Terms represent the complete agreement and understanding between you and Big Y and supersede all prior versions of these Terms.  These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Big Y.  Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect.  The failure of Big Y to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Big Y’s rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.  Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.  Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms) may be made via posting to the Big Y Sites or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Use of Our Guest Wi-Fi Network

We are happy to provide access to our free Wi-Fi network to current customers and guests at our stores.  By using Big Y free Guest Wi-Fi Service (“Wi-Fi Service”), you agree to abide by all laws, regulations, terms and conditions applicable to your Internet use.  Big Y Wi-Fi Service is not a secure form of Internet access; therefore, you should not send or receive any personal information (including Social Security Numbers, credit card information, bank account numbers, or any passwords) over the Wi-Fi Service.

How to Contact Us

If you have any questions or comments, please contact us at https://www.bigy.com/help. or by mail at the following address: Big Y Foods, Inc., Attn: Customer Service, 2145 Roosevelt Ave., Springfield, MA 01102.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Accessibility

Website Accessibility Statement

Please visit https://www.bigy.com/Accessibility.