Terms of Use

Last Updated: October 19, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

Introduction

These Terms and Conditions (these “Terms”) apply to the Fairfax Market website located at www.fairfaxmarket.com and all other sites, services, mobile applications, platforms and tools where these Terms appear or are linked (each, a “Site” and collectively, the “Sites”).  As used in these Terms, “Market”, “us”, or “we” refers to Meijer, Inc. and its affiliates. 

Use of the Sites

By accessing, browsing, or otherwise using the Sites, you acknowledge and agree that these Terms apply to your use, and you agree to comply with these Terms when using the Sites. If you do not agree to be bound by these Terms each time that you use the Sites, or if you do not have the authority or capability to agree to or accept these Terms, you must not use the Sites.  If you are dissatisfied with the Sites or any of their respective content, your sole and exclusive remedy is to discontinue using the Sites.

These Terms May Change

Unless otherwise provided, Fairfax Market reserves the right to modify these Terms at any time without prior notice. By continuing to use any of the Sites after we post any such changes, you agree to follow and be bound by these Terms, as modified. Accordingly, you should review these Terms for changes whenever you use the Sites.

Intellectual Property

All of the content that you see and hear on the Sites, including text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, the “Content”), is owned by Market or third parties who have licensed the Content to Market. The collection, arrangement, and assembly of all Content on the Sites is exclusive property of Market and is protected by United States and international copyright, trademark and other laws.  Market and its suppliers and licensors expressly reserve all intellectual property rights in all Content. 

The Content is intended for your personal and noncommercial use only. You may not copy, reproduce, distribute, republish, download, display, post, transmit, or create derivative works of or from the Content in any form or by any means, except as may be specifically permitted by these Terms, pursuant to Market’s prior written consent, or the written consent of the respective intellectual property owner. In the event of such consent, you will acquire no right, title or interest in any downloaded Content or other materials transferred to you by any means.

Inaccuracies

The information on the Sites may contain errors or inaccuracies and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product image, product description, pricing, and availability.

Limitations on Quantity

We reserve the right to limit quantities to normal retail purchases (including after you submitted your order). Additionally, Market reserves the right not to sell any products to individuals or businesses that appear to be resellers (as determined in Market’s sole discretion).  Meijer’s business to business (“Meijer B2B”) group works with individuals or businesses that desire to purchase products in bulk or for resale purposes; for more information on Meijer B2B sales or to contact a representative of the Meijer B2B sales team, please make inquiries at B2B.Agent@meijer.com. 

Returns

If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy. Our Return Policy is incorporated into these Terms in its entirety.

Security

We reserve the right to take any and all action that we deem necessary or reasonable to ensure the security of the Sites. You agree to defend, indemnify and hold Market harmless from and against all third party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Market arising out of your use or access of the Sites or any breach of these Terms.

Children

The Sites are intended for access and use by persons 13 years of age or older.  Persons under 18 may access or use the Sites only under the supervision of a parent or guardian who agrees to be bound by these Terms.  If there is a violation of this prohibition, the minor’s parent or guardian will be liable for such purchase or other violation. If you are a parent or guardian, you are charged with monitoring and supervising the use of the Sites by minors under your care. You agree to be responsible for their use of the Sites in all respects. 

Links to Other Websites

Market makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-Market website, please understand that it is independent from Market, and that Market has no control over the content on that website. In addition, a hyperlink to a non-Market website does not mean that Market endorses or accepts any responsibility for the content or use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Sites, you do this entirely at your own risk.

DISCLAIMERS – GENERAL

THE SITES ARE OPERATED AND RUN ON AN "AS IS," "AS AVAILABLE" BASIS. MARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES (COLLECTIVELY THE “SITES’ CONTENT”). TO THE FULLEST EXTENT PERMITTED BY LAW, MARKET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND SITES’ CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  YOU ACKNOWLEDGE BY YOUR USE OF THE SITES THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

DISCLAIMERS – HEALTH, WELLNESS, AND NUTRITION INFORMATION

THE HEALTH, WELLNESS, AND NUTRITION INFORMATION CONTAINED IN THE SITES IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS), FOLLOWING ANY TREATMENT OR REGIMEN, OR EXERCISE PROGRAM. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

THE HEALTH, WELLNESS, AND NUTRITION INFORMATION CONTAINED IN THE SITES CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES. YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR PRIOR TO TAKING ANY HERBAL OR OTHER DIETARY SUPPLEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL MARKET OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MARKET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MARKET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Applicable Law

By accessing and using the Sites, you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United Sates of America, excluding its conflict of laws provisions. 

Regardless of where you access the Sites, you agree that any dispute relating in any way to your visit to the Sites shall be submitted to and resolved exclusively by confidential and binding arbitration under the rules then prevailing of the American Arbitration Association in Grand Rapids, Michigan, except for intellectual property claims that Market may have against you.

The arbitrator shall apply Michigan law, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect.

Termination

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of all or any portion of the Sites (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. We shall not be liable to you or any third party for any termination of your access to the Sites.  Upon termination, these Terms will still apply.

Consent to Email Communication

When you access or use the Sites or send 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 Sites.

Legal Equivalency

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) 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 administrative 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.

Waiver

An intentional or unintentional waiver by Market of any provision in these Terms on one occasion will not be deemed a waiver of that provision on any subsequent occasion and a waiver of any provision shall not affect or alter the remaining provisions.

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information on the Sites and by other means. To learn about our privacy practices, please refer to our Privacy Policy.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on the Sites.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Market respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to Market’s Designated Copyright Agent, identified below.

If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice ("Copyright Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Copyright Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent:

Meijer Great Lakes Limited Partnership
2929 Walker Ave., NW
Grand Rapids, MI 49544
Phone: 616-735-8092
Email: legal-notices@meijer.com

For all other questions, please contact info@fairfaxmarket.com.

Corporate Address

2929 Walker, NW, Grand Rapids, MI 49544