This website (the “Site”) is owned and operated by Brookshire Grocery Company, its affiliates, and agents (collectively, “Brookshire”), and provides online access to information about Brookshire’s, FRESH by Brookshire’s, Super 1 Foods and Spring Market, as well as products and services offered by Brookshire and available or enabled through the Site including without limitation mobile applications, texting services, and other information and services of general interest to Brookshire customers (collectively, “Products and Services”). Any reference to the “Site” hereunder shall include and incorporate “Products and Services” as defined herein.
Consent to Terms of Use
You must be at least 18 years of age to access or use the Site. If you are under the age of 18, you may access or use the Site only with the express permission of your parent or legal guardian. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site. Read this agreement carefully and completely before using the Site. By accessing or using the Site or the Products and Services, you agree to the terms, conditions, and practices set forth in this agreement (collectively, the “Terms of Use”), and you agree that the Terms of Use create a legally binding agreement between you and Brookshire. If you have any objection to or you do not agree with any of the Terms of Use, you are not authorized to access or use the Site and the Products and Services for any purpose and you should immediately discontinue use of the Site and the Products and Services.
Changes in the Terms of Use
Brookshire reserves the right, at any time and for any reason, to change or modify the Terms of Use. We will notify you of any changes or modifications to the Terms of Use by posting the changed or modified version here and indicating below the date it was last changed or modified. By continuing to access and use the Site following such changes or modifications, you agree to be bound by such changes or modifications to the Terms of Use. Therefore, you should periodically review the Terms of Use to view the latest version. In the event of a conflict between any provision of the Terms of Use and any other policy or term of use applicable to any other website owned and operated by Brookshire, the more specific provision shall apply unless otherwise stated.
Right to Terminate Access
Brookshire, acting in its sole discretion and without notice, may deny any person access to, or use of, all or part of the Site, including any or all of the Products and Services, and may terminate any person’s access to, or use of, all or part of the Site, including any or all of the Products and Services.
Privacy Policy
In addition to the Terms of Use, there are privacy policies and procedures applicable to the Site. For detailed information about the privacy policies and procedures which apply when you access or use the Site, please review our Privacy Policy.
There are also special privacy policies and procedures that apply to Brookshire’s, FRESH by Brookshire’s, and Super 1 Foods Pharmacies. For detailed information on the privacy policies applicable to the Pharmacy, which conforms to the privacy and security rules relating to the Health Insurance Portability and Accountability Act (HIPAA), along with related state laws, please review our Pharmacy Privacy Policy.
In addition, this website was developed by Wynshop, Inc. (“Wynshop”), a third party associated with Brookshire in relation to this website, but not owned or controlled by Brookshire. Brookshire is not responsible or liable for any content, policy, terms of use, or other website of Wynshop, including any application or function thereof that is not owned or controlled by Brookshire.
Links to Other Websites
The Site may contain links to other websites that are not owned, controlled, or operated by Brookshire. These links do not constitute an affiliation with Brookshire or an endorsement or sponsorship by Brookshire of the websites or the third parties that operate the websites. Please be aware that the Terms of Use do not apply to these third party websites. Brookshire does not control and does not assume any responsibility or liability for the operation or content of third party websites. You are encouraged to review the terms of use for any website you choose to access and confirm that they are acceptable to you prior to your use.
Trademark and Copyright Notice
All content, information, material, software, products, or services utilized on or through the Site (collectively “Content”) is the sole property of Brookshire or its content suppliers or vendors and is subject to trademark, service mark, copyright, and other intellectual property or proprietary rights held by Brookshire or its content suppliers or vendors and is protected by United States and international trademark and copyright laws. All Content on the Site not owned by Brookshire is the property of or is used under license from their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brookshire. Except as provided herein or as permitted by applicable law, you may not upload, post, reproduce, or distribute in any way the Content protected by trademark, service mark, copyright, or any other intellectual or proprietary right, without obtaining express permission of the owner of the protected right. No title, rights, or interests in any downloaded materials from the Site are afforded you as a result of such downloading for personal, noncommercial use. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide Brookshire a written notification containing the information specified below. To notify Brookshire, please direct written notification to the following address: Brookshire Grocery Company, Attn: Legal Department, P.O. Box 1411, Tyler, Texas 75710. Please note that this procedure is exclusively for notifying Brookshire that your copyrighted material has been infringed; you may also be required to provide written notification to content suppliers and vendors for the Site such as Wynshop. 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed upon; 3. A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; 4. Your address, telephone number, and e-mail address; 5. 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; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Restrictions on Use of the Site and its Content
The Site and its Content are intended for your personal, non-commercial use only. Except as permitted herein and as may be specifically agreed in writing by Brookshire, no Content from the Site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way, except that where the Site is intentionally and specifically configured to enable the viewing or downloading of particular Content, visitors may view and download one copy of such Content to a single computer for the visitor’s personal use only, provided that visitors (a) keep intact all copyright, trademark, and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of Brookshire’s services or brands. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.
License and Access to the Site
Except as specifically permitted by the Terms of Use, using the Site does not confer, by implication, estoppels, or otherwise, any ownership right or license to the Site as a whole or to any individual elements of the Site, without regard to whether such elements are subject to copyright, trademark, or other proprietary protection. Brookshire grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brookshire. This license does not include any resale or commercial use of the Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brookshire. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brookshire without express written consent. You may not use any meta tags or any other “hidden text” utilizing Brookshire’s name or trademarks without the express written consent of Brookshire. Any unauthorized use terminates the permission or license granted by Brookshire. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Brookshire, the Site, or the Products and Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brookshire logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications, and other Content
You may not submit or post any materials to the Site if doing so would be unlawful or would violate or infringe the rights of any person or entity. If you submit or post any materials to the Site, you represent and warrant to Brookshire that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity. You may not submit or post any materials to the Site that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; (c) advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. By submitting or posting materials to the Site, you give Brookshire the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. Brookshire has the right, but not the obligation, to screen materials submitted or posted to the Site by third parties, and to remove or edit any such materials for any reason and without notice. Brookshire takes no responsibility and assumes no liability for any content posted by you or any third party.
Food, Nutritional, and Wellness Information
The Site may provide information about food, safe food handling, and preparation methods, as well as nutritional information. This information is provided for education and informational purposes only and is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources or the advice of nutritional professional. Brookshire may provide nutritional information about recipes on the Site; this information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly. Brookshire does not warrant the recipes contained on the Site or the results of preparing the recipes. Any health or wellness related content provided on the Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. 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 or diet. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. Brookshire 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.
Electronic Communications
When you send emails to Brookshire, you are communicating with us electronically and consent to receive return communications, if any, from Brookshire electronically. You agree that all agreements, notices, disclosures and other communications that Brookshire may provide to you electronically satisfy any legal requirement that such communications be in writing.
Mobile Applications and Texting Services
Mobile Application Users: With respect to each of Brookshire’s mobile applications (each an “App”), when you download the App or you create an account on the App, by selecting “I agree to the Terms and Conditions” and “I also understand the Privacy Policy” (or similar acknowledgements) you are expressly agreeing that you have read, understand, and agree to be bound by the Terms of Use and any amendments thereto, as well as Brookshire’s Privacy Policy. Brookshire makes the App available so that users may access Products and Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. Brookshire does not warrant that the App will be compatible with your mobile device. Brookshire hereby grants to you a limited, non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Brookshire may from time to time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of the Terms of Use will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Brookshire and its third-party licensors or suppliers as applicable retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
Apple Users: With respect to any App that Brookshire provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"), the Terms of Use incorporate by reference the terms and conditions of the “Standard” Licensed Application End User License Agreement (“LAEULA”) published by Apple, Inc. (www.apple.com/legal/macapps/dev/stdeula). For purposes of the Terms of Use, Brookshire’s iOS App is considered the “Licensed Application” and Brookshire is considered the “Application Provider” under the LAEULA. To the extent that the Terms of Use conflict with any of the terms and conditions of the LAEULA, the Terms of Use shall control.
Brookshire’s Text Club: Text GROCERY to 43101 to receive special deals on your phone from Brookshire’s. Message and data rates may apply. Text STOP to 43101 to opt out and to discontinue further participation. Text HELP to 43101 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting into this texting service, you consent to receive mobile text alerts using an automatic telephone dialing system. Message frequency may vary.
FRESH by Brookshire’s Text Club, Tyler Texas: Text FRESH to 81058 to receive special deals on your phone from FRESH by Brookshire’s. Message and data rates may apply. Text STOP to 81058 to opt out and to discontinue further participation. Text HELP to 81058 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting into this texting service, you consent to receive mobile text alerts using an automatic telephone dialing system. Message frequency may vary.
FRESH by Brookshire’s Text Club, Fate Texas: Text FATE to 68875 to receive special deals on your phone from FRESH by Brookshire’s. Message and data rates may apply. Text STOP to 68875 to opt out and to discontinue further participation. Text HELP to 68875 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting into this texting service, you consent to receive mobile text alerts using an automatic telephone dialing system. Message frequency may vary.
Wine Club: Text VINO to 25882 to receive special deals on your phone from FRESH by Brookshire’s. Message and data rates may apply. Text STOP to 25882 to opt out and to discontinue further participation. Text HELP to 25882 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting into this texting service, you consent to receive mobile text alerts using an automatic telephone dialing system. Message frequency may vary.
Brew Club: Text BREW to 25882 to receive special deals on your phone from FRESH by Brookshire’s. Message and data rates may apply. Text STOP to 25882 to opt out and to discontinue further participation. Text HELP to 25882 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting into this texting service, you consent to receive mobile text alerts using an automatic telephone dialing system. Message frequency may vary.
Super 1 Foods Text Club: Text SAVE to 29624 to receive special deals on your phone from Super 1 Foods. Message and data rates may apply. Text STOP to 29624 to opt out and to discontinue further participation. Text HELP to 29624 for information. Consent to receive text messages is not required as a condition to purchase goods and services. By opting into this texting service, you consent to receive mobile text alerts using an automatic telephone dialing system. Message frequency may vary.
Compatible carriers may include, but are not limited to: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, Cricket, Google Voice, Claro Puerto Rico, Associate Carrier Group (ACG), Peerless Network, ClearSky (RCG), Interop (Tier 2/3), and Virgin Mobile.
Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
Legal Disclaimers:
ALTHOUGH BROOKSHIRE RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMMISSIONS, OR INACCURACIES, BROOKSHIRE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SITE OR BROOKSHIRE STORES, OR THAT ANY ERROR, OMMISSION, OR INACCURACY WILL BE CORRECTED. BROOKSHIRE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROOKSHIRE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY OR THROUGH THE SITE, PRODUCTS AND SERVICES, OR BROOKSHIRE STORES. BROOKSHIRE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.
Limitation of Liability:
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS OF USE OR ANY OTHER APPLICABLE TERM OF USE OR POLICY, YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BROOKSHIRE BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES RESULTING FROM OR CAUSED BY (I) YOUR USE OF THE SITE, (II) ANY SERVICES OR PRODUCTS DELIVERED, PURCHASED, OR USED AS A RESULT OF YOUR USE OF THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ANY ERROR, OMISSION, OR OTHER INACCURACY IN THE INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR DATA, OR (V) ANY OTHER MATTER RELATING TO YOUR USE OF THE SITE, EVEN IF BROOKSHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH YOUR USE OR THE CONTENTS OR SERVICES PROVIDED BY OR THROUGH THE SITE, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO DISCONTINUE USE OF THE SITE AND REQUEST THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION BE DELETED. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BROOKSHIRE’S LIABILITY IS LIMITED AND ALL WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT BROOKSHIRE’S LIABILITY, IN NO EVENT, SHALL EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BROOKSHIRE, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITE FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, ANY SERVICE PROVIDED OR RENDERED BY BROOKSHIRE IN CONJUNCTION WITH YOUR USE OF THE SITE, OR ANY VIOLATION BY YOU OF THE TERMS OF USE OR ANY OTHER APPLICABLE TERM OF USE OR POLICY.
Choice of Law:
The Terms of Use shall be governed by, and will be interpreted according to, the laws of the State of Texas, U.S.A., without regard to any conflict-of-law provisions. Jurisdiction and venue shall lie in the Federal and State courts in Smith County, Texas, U.S.A. By accessing or using the Site or the Products and Services you irrevocably consent to the exclusive jurisdiction of the aforesaid courts and you irrevocably waive any objection you may now or hereafter have to the forum and venue of the aforesaid courts in proceedings arising out of or in connection with the Terms of Use or any other applicable term of use or policy.
Waiver of Jury Trial and Class Action Claims:
EACH PARTY, ON BEHALF OF ITSELF AND ANY PERSON CLAIMING BY OR THROUGH IT, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THESE TERMS AND CONDITIONS, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY COURSE OF DEALING, STATEMENTS, WHETHER VERBAL OR WRITTEN OR ACTION OF OR BY A PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTY (Both you and your affiliates, on one hand, and Brookshire and its affiliates on the other hand), ON BEHALF OF ITSELF AND ANY PERSON CLAIMING BY OR THROUGH IT, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY agree that any claims or controversies between the parties must be brought against each other on an individual basis only and agree to expressly waive any rights to file a claim or seek relief as a plaintiff or class member in a class action, consolidated action, or representative action in any jurisdiction or forum. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THESE TERMS AND CONDITIONS.
Miscellaneous Provisions:
The Terms of Use incorporate by reference any and all other notices or policies contained on the Site and constitute the entire agreement with respect to your access and use of the Site. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Any failure on the part of Brookshire to exercise or enforce any right or provision of the Terms of Use or any other applicable term of use or policy shall not constitute a waiver of such right or provision. If any part of the Terms of Use or any other applicable term of use or policy is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of the Terms of Use or any other applicable term of use or policy, which are intended to remain in full force and effect. Sweepstakes, giveaways, specials, sales, and other promotions offered on the Site may not be available in Brookshire stores; likewise, sales and specials offered in Brookshire stores might not be reflected online or on the Site.
Contact Us
If you have any other questions or concerns, please feel free to contact us at:
By Mail:
Brookshire Grocery Company
Attn: We’re Listening
P.O. Box 1411
Tyler, Texas 75710
By Telephone (Toll-Free): 1-888-WE RESPOND (1-888-937-3776)
By Email: [email protected]rookshires.com
The Terms of Use were last modified on July 16, 2019.