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1. INTRODUCTION

Welcome to the family of websites provided by Fletchersite.com USA, LLC and Fletchersite Stores, Inc (collectively, “Fletchersite.com”).  This Agreement applies to all of the websites where it is posted (collectively “Fletchersite.com Sites”).  By using one of the Fletchersite.com Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction.  Additional terms and conditions apply to some services offered on the Fletchersite.com Sites and may be found at the place where the relevant service is offered.  

We may change the terms of this Agreement from time to time.  By continuing to use any of the Fletchersite.com Sites after we post any such changes, you accept the Agreement, as modified.
2. USE OF THE Fletchersite.com SITES

You certify that the information you provide on the Fletchersite.com Sites is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Fletchersite.com immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Fletchersite.com Sites, or any portion of the Fletchersite.com Sites, at any time without notice.

Fletchersite.com and its affiliates have no liability to you for content on the Fletchersite.com Sites that you find offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

We sell products for children’s use; however, these products are intended for selling to adults.  If you are under the age of majority in your jurisdiction, you may use the Fletchersite.com Sites only with involvement of a parent or guardian.  Individuals may use the Fletchersite.com Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.

You are prohibited from:

    Violating or attempting to violate the security of the Fletchersite.com Sites;
    Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Fletchersite.com Sites; or
    Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Fletchersite.com or other third party web browsers) to navigate or search the Fletchersite.com Sites.  

3. CONTENT SUBMISSION

Fletchersite.com allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Fletchersite.com Sites (“Content”).  Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.  

A.     License Grant for Submitted Content

If you make any submission to the Fletchersite.com Sites, you automatically grant, or warrant that the owner of such content has expressly granted Fletchersite.com, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  Fletchersite.com may sublicense its rights through multiple tiers of sublicenses.  You should not submit any Content to us that you do not wish to license to us.  Fletchersite.com is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant Fletchersite.com the right to use the name that you submit in connection with any Content.

B.     Prohibited Content

You represent and warrant that you will not submit the following Content:

a)     Content that is false, inaccurate, or misleading;
b)     Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c)     Content that violates any local, state, federal, or international laws;
d)     Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e)     Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Fletchersite.com in its sole discretion;
f)     Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Fletchersite.com;
g)     Chain letters or pyramid schemes;
h)     Content that impersonates another business, person or entity, including Fletchersite.com, its related entities, employees and agents;
i)     Content that contains viruses or other harmful computer code;
j)     Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k)     Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Fletchersite.com in writing; or
l)     Content that violates any policy posted on the Fletchersite.com Sites, or interferes with the use of the Fletchersite.com Sites by others.

Although Fletchersite.com cannot monitor all Content, you understand that Fletchersite.com shall have the right, but not the obligation, to monitor the Content of the Fletchersite.com Sites to determine compliance with this Agreement and any other operating rules that may be established by Fletchersite.com from time to time.  Fletchersite.com shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Fletchersite.com Sites for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Fletchersite.com and its affiliates for all claims resulting from any Content you submit.
4. THIRD PARTY SITES

References on Fletchersite.com 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, its information, products, or services.  Fletchersite.com is not responsible for the content of any third party linked site or any link contained in a linked site.  Your use of a third-party site linked from a Fletchersite.com Site is at your own risk and will be governed by such third party's terms and policies.
5. ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order we may also request additional information from you.  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.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Fletchersite.com may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped.  Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

Fletchersite.com reserves the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.  We will notify you should such limits be applied.  Fletchersite.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Fletchersite.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
6. PRICING INFORMATION

Fletchersite.com cannot confirm the price of an item until after your order is placed.  Pricing errors may occur on the Fletchersite.com Sites or through Fletchersite.com Marketplace retailers.  Fletchersite.com reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Fletchersite.com.  Fletchersite.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the Fletchersite.com Sites or from prices available in Fletchersite.com stores or on Fletchersite.com mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
7. PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
8. SHIPPING AND DELIVERY

Delivery of items purchased from the Fletchersite.com Sites to addresses outside the United States is limited.  Some items also have restricted delivery within the United States.  For delivery restrictions, see. Some items are available for pick up at physical store locations.  Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
9. ShippingPass

A. Subscription Cancellation

You are eligible for a full refund if you have not placed any ShippingPass eligible orders through your Fletchersite.com.com account tied to the ShippingPass subscription. You also are eligible for a full refund if you contact Customer Care within three (3) business days of the start date of your ShippingPass subscription, regardless of use.  You cannot receive a refund if you cancel more than three (3) business days after the start of your subscription and you have placed a ShippingPass eligible order. In this case, Customer Care will remove your account from Auto Renew to ensure you are not charged for an additional year and you can continue to use the subscription until the end of your subscription term.  You may cancel your ShippingPass subscription by calling Fletchersite.com Customer Care at 1-800-966-6546.

B. Auto - Renewal

FOLLOWING THE TERM OF YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL ONE YEAR TERM UNLESS YOU NOTIFY Fletchersite.com OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE SUBSCRIPTION CANCELLATION PROCESS DESCRIBED IN SECTION A, ABOVE. Fletchersite.com WILL SEND YOU NOTICE OF YOUR AUTO-RENEWAL DATE BY WHICH YOU CAN CANCEL THE AUTO-RENEWAL OF YOUR SUBSCRIPTION. AUTO-RENEWAL CAN ALSO BE MANAGED IN YOUR MY ACCOUNT ON Fletchersite.com.


C. ShippingPass Benefits and Eligible Purchases

Fletchersite.com ShippingPass benefits are dependent upon inventory availability, order cutoff times and in some cases, the shipping address. ShippingPass eligible orders are limited to certain products. Products sold and fulfilled by third parties on the Fletchersite.com website, including Fletchersite.com Marketplace are NOT eligible for ShippingPass.  We may also exclude products with special shipping characteristics at our discretion. The ShippingPass FAQ pages provide information about eligible items, shipping cost, shipping speed and shipping destinations.


D. Other Limitations

    We reserve the right to accept or refuse ShippingPass subscription at our discretion.
    You may not transfer or assign your ShippingPass subscription or any ShippingPass benefits.
    ShippingPass members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using ShippingPass benefits.
    From time to time, Fletchersite.com may choose in its sole discretion to add or remove ShippingPass subscription benefits.
    If a promotional free trial of ShippingPass is offered, it is limited to one free trial per customer.

E. Fees and Renewal

The annual subscription fee for ShippingPass is stated in the ShippingPass section of our FAQ pages. From time to time, we may offer different subscription terms and the fees for such subscription may vary. The ShippingPass subscription fee is non-refundable except as expressly set forth in these Terms. Sales, excise or other similar taxes may apply to the ShippingPass subscription fee.

All credit cards and debit cards, or the Fletchersite.com Credit Card can be used to pay for your ShippingPass subscription.

If all credit or debit cards we have on file for you are declined for payment of your subscription fee, you must provide us a new card promptly or your subscription will be canceled. If you provide us with a new card and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SHIPPINGPASS SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY CREDIT OR DEBIT CARD WE HAVE ON RECORD FOR YOU.

F. Agreement Changes

We may at our discretion change these ShippingPass Terms, or any aspect of ShippingPass subscription that is not material, without notice to you. You will be provided with notice of any material changes to the ShippingPass Terms and you will be given the opportunity to cancel your subscription prior to the time any material changes are effective with respect to your subscription. If any change to these ShippingPass Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE ShippingPass TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

G. Termination by Us

We may terminate your ShippingPass subscription at our discretion without notice. If we do so, we will give you a full refund. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these ShippingPass Terms or any applicable law, involves fraud or misuse of the ShippingPass subscription or is harmful to our interests or another user.

H. Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN Fletchersite.com'S TERMS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SHIPPINGPASS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL SUBSCRIPTION FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SHIPPINGPASS SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. INFORMATION PROVIDED ON THE Fletchersite.com SITES

Fletchersite.com and our customers post a variety of material on the Fletchersite.com Sites including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”).  The Materials that appear on the Fletchersite.com Sites are for educational and informational purposes only.  Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before you act on information you have found on the Fletchersite.com Sites, you should confirm any facts that are important to your decision.  Fletchersite.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Fletchersite.com Sites.  Fletchersite.com is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.  Product information contained on the Fletchersite.com Sites may be different from information contained on the product materials due to manufacturer changes.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).  

No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe 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.

Fletchersite.com, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE Fletchersite.com SITES.
11. GIFT CARDS

The risk of loss and title to such gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. For full terms and conditions related to gift cards, please see Fletchersite.com.
12. EXPORT POLICY

You acknowledge that some goods licensed or sold on the Fletchersite.com Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws.  By purchasing, downloading or using technology or software from the Fletchersite.com Sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Fletchersite.com Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
13. INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Fletchersite.com, one of its affiliates or by third parties who have licensed their materials to Fletchersite.com and are protected by U.S. and international trademark and copyright laws.  You may access, view, download, and print the IP and all other materials displayed on the Fletchersite.com Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner.  No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Fletchersite.com Sites or your accessing, viewing, downloading, or printing of the IP.  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 IP, the Fletchersite.com Sites or any related software.  All software used on the Fletchersite.com Sites is the property of Fletchersite.com or its suppliers and protected by U.S. and international copyright laws.  The IP and software on the Fletchersite.com Sites may be used only as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of all IP on the Fletchersite.com Sites is the exclusive property of Fletchersite.com and is also protected by U.S. and international copyright laws..

Fletchersite.com, the Fletchersite.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 Fletchersite.com Sites are trademarks or trade dress of Fletchersite.com in the U.S. and other countries.  All other marks are the property of their respective companies.
14. TERMS APPLICABLE TO Fletchersite.com MARKETPLACE

By purchasing a product from any of our Marketplace Sellers, you acknowledge that all Marketplace orders will be fulfilled by the third party Marketplace Seller and not Fletchersite.com. The Marketplace Seller will be responsible for all processing, shipping, returns, and customer service related to your Marketplace order. Products purchased from a Marketplace Seller can only be returned to that Marketplace Seller in accordance with its return policy and cannot be returned to Fletchersite.com stores or Fletchersite.com.com. Each Marketplace Seller's shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Seller's Retailer Information page.

For other terms that apply to Fletchersite.com Marketplace, including important notices and disclosures, see About Marketplace at Fletchersite.com
15. TERMS APPLICABLE TO Fletchersite.com ONLINE GROCERY SERVICES

A.     Orders

Once you have placed an order for Fletchersite.com online grocery services, we will send you an order acknowledgement by email setting out what you have ordered.  This is not an order confirmation or acceptance from us.  

There may be a minimum order value, which may change from time to time.  In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you.  All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order.  The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable.  In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.

Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For grocery orders that are delivered to you, title to the goods purchased by you (and the related risk of loss on these items) passes to you upon delivery of the items to the carrier.

Fletchersite.com may provide you with a refund in certain circumstances.  If you are not satisfied with your order, please contact the Fletchersite.com Grocery Contact Center at 1-800-924-9206.

Fletchersite.com will not provide you a refund for certain goods which by nature cannot be returned.  Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products etc.).

Notwithstanding the foregoing, all refunds will be subject to Fletchersite.com's discretion.


B.     Fletchersite.com Online Grocery Services Delivery and Pickup

We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date.  Fletchersite.com will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.

We can only deliver to an address stored in your address book in your account on the Fletchersite.com Grocery Site.

C.     Fletchersite.com Online Grocery Services Pricing

Pricing for Fletchersite.com Grocery items will be the same prices as if you shopped in the store that packs and delivers the items.  If an item's price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price.  If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item.  Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online will not match all stores, only the store where your order is packed.  Fletchersite.com Grocery does not match prices from other online or physical stores, or Fletchersite.com stores other than the one where your items are picked and packed.

D.     Fletchersite.com Online Grocery Services Promotion Codes

Promotion Codes ("Promo Codes:") are valid only on orders placed for Fletchersite.com online grocery services, subject to the terms of this section.  Your use of a Promo Code indicates your agreement to be bound by these terms and any Promo Code terms on the promotion offer itself. Fletchersite.com will only honor a Promo Code if it is used in accordance with the terms.

Only promo codes issued by Fletchersite.com can be used for Fletchersite.com online grocery services. Promo codes cannot be used in Fletchersite.com stores.  Promo codes issued by Fletchersite.com are, and shall remain, the property of Fletchersite.com and are not transferable, cannot be resold, and have no cash alternative unless otherwise stated. Promo codes may not be used for alcohol purchases.

Promo codes can be added to your Fletchersite.com online grocery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Promo Code to your order you must select it in the "Review Order" section at checkout.  Use of a Promo Code may be subject to you providing proof of entitlement to use the Promo Code.

All Promo Codes have an expiration date, after which they cannot be used for any order.  Promo Code values may be adjusted if the total discount value is greater than the value of your order.

Fletchersite.com reserves the right to withdraw or cancel any of its Promo Codes at any time, either as a whole, or for specific goods or delivery areas.  If this happens, then the Promo Codes  may not be used for any orders placed after the date of withdrawal or cancellation.  Fletchersite.com reserves the right to reject or cancel the use of a Promo Code where fraud or misuse is suspected.  You will have no claim against Fletchersite.com in respect of such rejection or cancellation of a Promo Code.  Fletchersite.com shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Promo Code or any failure or inability of a customer to use a Promo Code for any reason.

Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Promo Code, you warrant that you are the duly authorized recipient of it.
16. DIGITAL PHOTO CENTER
Fletchersite.com claims no ownership rights to the photos, photo files, albums, projects, captions or prints, (collectively defined as "Photos"), that you place in your Fletchersite.com Digital Photo Center Account. However, by uploading Photos into your Fletchersite.com Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to Fletchersite.com a nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photos included in your Photo Center Account for the purpose of displaying Photos to the people you select and to fulfill orders.

We will not use or modify your Photos for marketing purposes or any other purposes without obtaining your express permission.
You are responsible for monitoring and creating backup copies of the Photos stored in your account. Fletchersite.com Digital Photo Center is not under warranty. Fletchersite.com will not be liable for any damage to your photos, albums, rolls or uploads, including but not limited to loss, deletion or alteration.

Fletchersite.com may terminate your service and delete any and all information, including but not limited to your Photos, without notice, for any reason including, but not limited to (i) your violation of these Terms of Use or other policies set by Fletchersite.com elsewhere on the site; (ii) online conduct that Fletchersite.com believes is harmful to other customers, the business of Fletchersite.com, or other third-party information providers; and (iii) failure to access your account for one (1) year.

Fletchersite.com reserves the right to disclose any Photos posted by you or any other customers as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any Photos, in whole or in part, that in Fletchersite.com’s judgment is unsuitable or in violation of these Terms or other policy set by Fletchersite.com elsewhere on the site. Fletchersite.com may delete, move and edit Photos for any reason, at any time, without notice.

By submitting Photos, you warrant that you are the sole author and owner of the Photos, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Photos and your use of the Fletchersite.com Digital Photo Center, as set forth in these Terms.

Fletchersite.com Photo Centers reserve the right to require that you obtain a signed Copyright Release form from the photographer or studio for photographs that are signed, stamped or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present Fletchersite.com with a signed Copyright Release. Copyright owner release forms and copyright permission release forms are available at the store Photo Center.

Fletchersite.com will not assist in the copying of any state or federal document, including but not limited to, driver's licenses, passports and social security cards.
As a convenience to Fletchersite.com customers, Fletchersite.com may make third-party software available through the Fletchersite.com Digital Photo Center either through physical distribution or available by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.

Fletchersite.com uses commercially reasonable efforts to maintain the availability of the Fletchersite.com Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, Fletchersite.com will not be liable to you for any unexpected outage or disruption of service. One hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.

Submitting any Photos to Fletchersite.com for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by Fletchersite.com, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
You understand and agree that any material, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the Fletchersite.com Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the Fletchersite.com Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
17. COLORS

We have made significant efforts to accurately display the colors of products that appear on the Fletchersite.com Sites.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
18. PRIVACY

You acknowledge that any personal information that you provide through the Fletchersite.com Sites will be used by Fletchersite.com in accordance with Fletchersite.com’s Privacy Policy at Fletchersite.com, the terms of which are incorporated here by this reference.  If you purchase an item on Fletchersite.com sold by a Marketplace Seller, Fletchersite.com shares certain information with that Marketplace Seller to permit the Marketplace Seller to fulfill and ship your order, process returns, and provide customer service.  Fletchersite.com requires Marketplace Sellers to keep your information secure and use it only in accordance with the Marketplace Seller's Marketplace Privacy Policy which can be found on that Marketplace Seller's Seller Information page.
19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fletchersite.com and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Fletchersite.com Sites or any breach by you of this Agreement.
20. TERMINATION

This Agreement is effective unless and until terminated by either you or Fletchersite.com.  You may terminate this Agreement at any time, provided that you discontinue any further use of the Fletchersite.com Sites.  Fletchersite.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Fletchersite.com Sites, if in Fletchersite.com’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or Fletchersite.com, you must promptly destroy all materials downloaded or otherwise obtained from the Fletchersite.com Sites, as well as all copies of such materials, whether made under this Agreement or otherwise.  The following sections shall survive any termination of this Agreement: “Use of the Fletchersite.com Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Fletchersite.com Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
21. DISCLAIMER

THIS SITE IS PROVIDED BY Fletchersite.com ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Fletchersite.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Fletchersite.com SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE Fletchersite.com SITES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Fletchersite.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, Fletchersite.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE Fletchersite.com SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE Fletchersite.com SITES, THAT YOUR USE OF THE Fletchersite.com SITES IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Fletchersite.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON 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 Fletchersite.com SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Fletchersite.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL Fletchersite.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE Fletchersite.com SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
23. GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of Fletchersite.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Fletchersite.com's rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of the Fletchersite.com Sites must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.1. INTRODUCTION

Welcome to the family of websites provided by Fletchersite.com USA, LLC and Wal-Mart Stores, Inc (collectively, “Fletchersite.com”).  This Agreement applies to all of the websites where it is posted (collectively “Fletchersite.com Sites”).  By using one of the Fletchersite.com Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction.  Additional terms and conditions apply to some services offered on the Fletchersite.com Sites and may be found at the place where the relevant service is offered.  

We may change the terms of this Agreement from time to time.  By continuing to use any of the Fletchersite.com Sites after we post any such changes, you accept the Agreement, as modified.
2. USE OF THE Fletchersite.com SITES

You certify that the information you provide on the Fletchersite.com Sites is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Fletchersite.com immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Fletchersite.com Sites, or any portion of the Fletchersite.com Sites, at any time without notice.

Fletchersite.com and its affiliates have no liability to you for content on the Fletchersite.com Sites that you find offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

We sell products for children’s use; however, these products are intended for selling to adults.  If you are under the age of majority in your jurisdiction, you may use the Fletchersite.com Sites only with involvement of a parent or guardian.  Individuals may use the Fletchersite.com Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.

You are prohibited from:

    Violating or attempting to violate the security of the Fletchersite.com Sites;
    Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Fletchersite.com Sites; or
    Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Fletchersite.com or other third party web browsers) to navigate or search the Fletchersite.com Sites.  

3. CONTENT SUBMISSION

Fletchersite.com allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Fletchersite.com Sites (“Content”).  Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.  

A.     License Grant for Submitted Content

If you make any submission to the Fletchersite.com Sites, you automatically grant, or warrant that the owner of such content has expressly granted Fletchersite.com, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  Fletchersite.com may sublicense its rights through multiple tiers of sublicenses.  You should not submit any Content to us that you do not wish to license to us.  Fletchersite.com is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant Fletchersite.com the right to use the name that you submit in connection with any Content.

B.     Prohibited Content

You represent and warrant that you will not submit the following Content:

a)     Content that is false, inaccurate, or misleading;
b)     Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c)     Content that violates any local, state, federal, or international laws;
d)     Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e)     Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Fletchersite.com in its sole discretion;
f)     Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Fletchersite.com;
g)     Chain letters or pyramid schemes;
h)     Content that impersonates another business, person or entity, including Fletchersite.com, its related entities, employees and agents;
i)     Content that contains viruses or other harmful computer code;
j)     Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k)     Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Fletchersite.com in writing; or
l)     Content that violates any policy posted on the Fletchersite.com Sites, or interferes with the use of the Fletchersite.com Sites by others.

Although Fletchersite.com cannot monitor all Content, you understand that Fletchersite.com shall have the right, but not the obligation, to monitor the Content of the Fletchersite.com Sites to determine compliance with this Agreement and any other operating rules that may be established by Fletchersite.com from time to time.  Fletchersite.com shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Fletchersite.com Sites for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Fletchersite.com and its affiliates for all claims resulting from any Content you submit.
4. THIRD PARTY SITES

References on Fletchersite.com 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, its information, products, or services.  Fletchersite.com is not responsible for the content of any third party linked site or any link contained in a linked site.  Your use of a third-party site linked from a Fletchersite.com Site is at your own risk and will be governed by such third party's terms and policies.
5. ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order we may also request additional information from you.  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.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Fletchersite.com may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped.  Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

Fletchersite.com reserves the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.  We will notify you should such limits be applied.  Fletchersite.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Fletchersite.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
6. PRICING INFORMATION

Fletchersite.com cannot confirm the price of an item until after your order is placed.  Pricing errors may occur on the Fletchersite.com Sites or through Fletchersite.com Marketplace retailers.  Fletchersite.com reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Fletchersite.com.  Fletchersite.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the Fletchersite.com Sites or from prices available in Fletchersite.com stores or on Fletchersite.com mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
7. PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
8. SHIPPING AND DELIVERY

Delivery of items purchased from the Fletchersite.com Sites to addresses outside the United States is limited.  Some items also have restricted delivery within the United States.  For delivery restrictions, see. Some items are available for pick up at physical store locations.  Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
9. ShippingPass

A. Subscription Cancellation

You are eligible for a full refund if you have not placed any ShippingPass eligible orders through your Fletchersite.com.com account tied to the ShippingPass subscription. You also are eligible for a full refund if you contact Customer Care within three (3) business days of the start date of your ShippingPass subscription, regardless of use.  You cannot receive a refund if you cancel more than three (3) business days after the start of your subscription and you have placed a ShippingPass eligible order. In this case, Customer Care will remove your account from Auto Renew to ensure you are not charged for an additional year and you can continue to use the subscription until the end of your subscription term.  You may cancel your ShippingPass subscription by calling Fletchersite.com Customer Care at 1-800-966-6546.

B. Auto - Renewal

FOLLOWING THE TERM OF YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL ONE YEAR TERM UNLESS YOU NOTIFY Fletchersite.com OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE SUBSCRIPTION CANCELLATION PROCESS DESCRIBED IN SECTION A, ABOVE. Fletchersite.com WILL SEND YOU NOTICE OF YOUR AUTO-RENEWAL DATE BY WHICH YOU CAN CANCEL THE AUTO-RENEWAL OF YOUR SUBSCRIPTION. AUTO-RENEWAL CAN ALSO BE MANAGED IN YOUR MY ACCOUNT ON Fletchersite.com.


C. ShippingPass Benefits and Eligible Purchases

Fletchersite.com ShippingPass benefits are dependent upon inventory availability, order cutoff times and in some cases, the shipping address. ShippingPass eligible orders are limited to certain products. Products sold and fulfilled by third parties on the Fletchersite.com website, including Fletchersite.com Marketplace are NOT eligible for ShippingPass.  We may also exclude products with special shipping characteristics at our discretion. The ShippingPass FAQ pages provide information about eligible items, shipping cost, shipping speed and shipping destinations.


D. Other Limitations

    We reserve the right to accept or refuse ShippingPass subscription at our discretion.
    You may not transfer or assign your ShippingPass subscription or any ShippingPass benefits.
    ShippingPass members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using ShippingPass benefits.
    From time to time, Fletchersite.com may choose in its sole discretion to add or remove ShippingPass subscription benefits.
    If a promotional free trial of ShippingPass is offered, it is limited to one free trial per customer.

E. Fees and Renewal

The annual subscription fee for ShippingPass is stated in the ShippingPass section of our FAQ pages. From time to time, we may offer different subscription terms and the fees for such subscription may vary. The ShippingPass subscription fee is non-refundable except as expressly set forth in these Terms. Sales, excise or other similar taxes may apply to the ShippingPass subscription fee.

All credit cards and debit cards, or the Fletchersite.com Credit Card can be used to pay for your ShippingPass subscription.

If all credit or debit cards we have on file for you are declined for payment of your subscription fee, you must provide us a new card promptly or your subscription will be canceled. If you provide us with a new card and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SHIPPINGPASS SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY CREDIT OR DEBIT CARD WE HAVE ON RECORD FOR YOU.

F. Agreement Changes

We may at our discretion change these ShippingPass Terms, or any aspect of ShippingPass subscription that is not material, without notice to you. You will be provided with notice of any material changes to the ShippingPass Terms and you will be given the opportunity to cancel your subscription prior to the time any material changes are effective with respect to your subscription. If any change to these ShippingPass Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE ShippingPass TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

G. Termination by Us

We may terminate your ShippingPass subscription at our discretion without notice. If we do so, we will give you a full refund. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these ShippingPass Terms or any applicable law, involves fraud or misuse of the ShippingPass subscription or is harmful to our interests or another user.

H. Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN Fletchersite.com'S TERMS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SHIPPINGPASS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL SUBSCRIPTION FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SHIPPINGPASS SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. INFORMATION PROVIDED ON THE Fletchersite.com SITES

Fletchersite.com and our customers post a variety of material on the Fletchersite.com Sites including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”).  The Materials that appear on the Fletchersite.com Sites are for educational and informational purposes only.  Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before you act on information you have found on the Fletchersite.com Sites, you should confirm any facts that are important to your decision.  Fletchersite.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Fletchersite.com Sites.  Fletchersite.com is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.  Product information contained on the Fletchersite.com Sites may be different from information contained on the product materials due to manufacturer changes.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).  

No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe 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.

Fletchersite.com, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE Fletchersite.com SITES.
11. GIFT CARDS

The risk of loss and title to such gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. For full terms and conditions related to gift cards, please see Fletchersite.com.
12. EXPORT POLICY

You acknowledge that some goods licensed or sold on the Fletchersite.com Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws.  By purchasing, downloading or using technology or software from the Fletchersite.com Sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Fletchersite.com Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
13. INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Fletchersite.com, one of its affiliates or by third parties who have licensed their materials to Fletchersite.com and are protected by U.S. and international trademark and copyright laws.  You may access, view, download, and print the IP and all other materials displayed on the Fletchersite.com Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner.  No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Fletchersite.com Sites or your accessing, viewing, downloading, or printing of the IP.  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 IP, the Fletchersite.com Sites or any related software.  All software used on the Fletchersite.com Sites is the property of Fletchersite.com or its suppliers and protected by U.S. and international copyright laws.  The IP and software on the Fletchersite.com Sites may be used only as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of all IP on the Fletchersite.com Sites is the exclusive property of Fletchersite.com and is also protected by U.S. and international copyright laws..

Fletchersite.com, the Fletchersite.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 Fletchersite.com Sites are trademarks or trade dress of Fletchersite.com in the U.S. and other countries.  All other marks are the property of their respective companies.
14. TERMS APPLICABLE TO Fletchersite.com MARKETPLACE

By purchasing a product from any of our Marketplace Sellers, you acknowledge that all Marketplace orders will be fulfilled by the third party Marketplace Seller and not Fletchersite.com. The Marketplace Seller will be responsible for all processing, shipping, returns, and customer service related to your Marketplace order. Products purchased from a Marketplace Seller can only be returned to that Marketplace Seller in accordance with its return policy and cannot be returned to Fletchersite.com stores or Fletchersite.com.com. Each Marketplace Seller's shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Seller's Retailer Information page.

For other terms that apply to Fletchersite.com Marketplace, including important notices and disclosures, see About Marketplace at Fletchersite.com
15. TERMS APPLICABLE TO Fletchersite.com ONLINE GROCERY SERVICES

A.     Orders

Once you have placed an order for Fletchersite.com online grocery services, we will send you an order acknowledgement by email setting out what you have ordered.  This is not an order confirmation or acceptance from us.  

There may be a minimum order value, which may change from time to time.  In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you.  All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order.  The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable.  In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.

Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For grocery orders that are delivered to you, title to the goods purchased by you (and the related risk of loss on these items) passes to you upon delivery of the items to the carrier.

Fletchersite.com may provide you with a refund in certain circumstances.  If you are not satisfied with your order, please contact the Fletchersite.com Grocery Contact Center at 1-800-924-9206.

Fletchersite.com will not provide you a refund for certain goods which by nature cannot be returned.  Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products etc.).

Notwithstanding the foregoing, all refunds will be subject to Fletchersite.com's discretion.


B.     Fletchersite.com Online Grocery Services Delivery and Pickup

We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date.  Fletchersite.com will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.

We can only deliver to an address stored in your address book in your account on the Fletchersite.com Grocery Site.

C.     Fletchersite.com Online Grocery Services Pricing

Pricing for Fletchersite.com Grocery items will be the same prices as if you shopped in the store that packs and delivers the items.  If an item's price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price.  If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item.  Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online will not match all stores, only the store where your order is packed.  Fletchersite.com Grocery does not match prices from other online or physical stores, or Fletchersite.com stores other than the one where your items are picked and packed.

D.     Fletchersite.com Online Grocery Services Promotion Codes

Promotion Codes ("Promo Codes:") are valid only on orders placed for Fletchersite.com online grocery services, subject to the terms of this section.  Your use of a Promo Code indicates your agreement to be bound by these terms and any Promo Code terms on the promotion offer itself. Fletchersite.com will only honor a Promo Code if it is used in accordance with the terms.

Only promo codes issued by Fletchersite.com can be used for Fletchersite.com online grocery services. Promo codes cannot be used in Fletchersite.com stores.  Promo codes issued by Fletchersite.com are, and shall remain, the property of Fletchersite.com and are not transferable, cannot be resold, and have no cash alternative unless otherwise stated. Promo codes may not be used for alcohol purchases.

Promo codes can be added to your Fletchersite.com online grocery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Promo Code to your order you must select it in the "Review Order" section at checkout.  Use of a Promo Code may be subject to you providing proof of entitlement to use the Promo Code.

All Promo Codes have an expiration date, after which they cannot be used for any order.  Promo Code values may be adjusted if the total discount value is greater than the value of your order.

Fletchersite.com reserves the right to withdraw or cancel any of its Promo Codes at any time, either as a whole, or for specific goods or delivery areas.  If this happens, then the Promo Codes  may not be used for any orders placed after the date of withdrawal or cancellation.  Fletchersite.com reserves the right to reject or cancel the use of a Promo Code where fraud or misuse is suspected.  You will have no claim against Fletchersite.com in respect of such rejection or cancellation of a Promo Code.  Fletchersite.com shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Promo Code or any failure or inability of a customer to use a Promo Code for any reason.

Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Promo Code, you warrant that you are the duly authorized recipient of it.
16. DIGITAL PHOTO CENTER
Fletchersite.com claims no ownership rights to the photos, photo files, albums, projects, captions or prints, (collectively defined as "Photos"), that you place in your Fletchersite.com Digital Photo Center Account. However, by uploading Photos into your Fletchersite.com Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to Fletchersite.com a nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photos included in your Photo Center Account for the purpose of displaying Photos to the people you select and to fulfill orders.

We will not use or modify your Photos for marketing purposes or any other purposes without obtaining your express permission.
You are responsible for monitoring and creating backup copies of the Photos stored in your account. Fletchersite.com Digital Photo Center is not under warranty. Fletchersite.com will not be liable for any damage to your photos, albums, rolls or uploads, including but not limited to loss, deletion or alteration.

Fletchersite.com may terminate your service and delete any and all information, including but not limited to your Photos, without notice, for any reason including, but not limited to (i) your violation of these Terms of Use or other policies set by Fletchersite.com elsewhere on the site; (ii) online conduct that Fletchersite.com believes is harmful to other customers, the business of Fletchersite.com, or other third-party information providers; and (iii) failure to access your account for one (1) year.

Fletchersite.com reserves the right to disclose any Photos posted by you or any other customers as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any Photos, in whole or in part, that in Fletchersite.com’s judgment is unsuitable or in violation of these Terms or other policy set by Fletchersite.com elsewhere on the site. Fletchersite.com may delete, move and edit Photos for any reason, at any time, without notice.

By submitting Photos, you warrant that you are the sole author and owner of the Photos, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Photos and your use of the Fletchersite.com Digital Photo Center, as set forth in these Terms.

Fletchersite.com Photo Centers reserve the right to require that you obtain a signed Copyright Release form from the photographer or studio for photographs that are signed, stamped or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present Fletchersite.com with a signed Copyright Release. Copyright owner release forms and copyright permission release forms are available at the store Photo Center.

Fletchersite.com will not assist in the copying of any state or federal document, including but not limited to, driver's licenses, passports and social security cards.
As a convenience to Fletchersite.com customers, Fletchersite.com may make third-party software available through the Fletchersite.com Digital Photo Center either through physical distribution or available by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.

Fletchersite.com uses commercially reasonable efforts to maintain the availability of the Fletchersite.com Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, Fletchersite.com will not be liable to you for any unexpected outage or disruption of service. One hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.

Submitting any Photos to Fletchersite.com for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by Fletchersite.com, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
You understand and agree that any material, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the Fletchersite.com Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the Fletchersite.com Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
17. COLORS

We have made significant efforts to accurately display the colors of products that appear on the Fletchersite.com Sites.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
18. PRIVACY

You acknowledge that any personal information that you provide through the Fletchersite.com Sites will be used by Fletchersite.com in accordance with Fletchersite.com’s Privacy Policy at Fletchersite.com, the terms of which are incorporated here by this reference.  If you purchase an item on Fletchersite.com sold by a Marketplace Seller, Fletchersite.com shares certain information with that Marketplace Seller to permit the Marketplace Seller to fulfill and ship your order, process returns, and provide customer service.  Fletchersite.com requires Marketplace Sellers to keep your information secure and use it only in accordance with the Marketplace Seller's Marketplace Privacy Policy which can be found on that Marketplace Seller's Seller Information page.
19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fletchersite.com and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Fletchersite.com Sites or any breach by you of this Agreement.
20. TERMINATION

This Agreement is effective unless and until terminated by either you or Fletchersite.com.  You may terminate this Agreement at any time, provided that you discontinue any further use of the Fletchersite.com Sites.  Fletchersite.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Fletchersite.com Sites, if in Fletchersite.com’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or Fletchersite.com, you must promptly destroy all materials downloaded or otherwise obtained from the Fletchersite.com Sites, as well as all copies of such materials, whether made under this Agreement or otherwise.  The following sections shall survive any termination of this Agreement: “Use of the Fletchersite.com Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Fletchersite.com Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
21. DISCLAIMER

THIS SITE IS PROVIDED BY Fletchersite.com ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Fletchersite.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Fletchersite.com SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE Fletchersite.com SITES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Fletchersite.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, Fletchersite.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE Fletchersite.com SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE Fletchersite.com SITES, THAT YOUR USE OF THE Fletchersite.com SITES IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


22. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Fletchersite.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON 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 Fletchersite.com SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Fletchersite.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL Fletchersite.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE Fletchersite.com SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

23. GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of Fletchersite.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Fletchersite.com's rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of the Fletchersite.com Sites must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.