Welcome to Beacon & Bridge's Mobile Application, owned and operated by Quick-Sav Food Stores, Ltd. dba Beacon & Bridge Markets (the "Application"). Use of this Application signifies your agreement to the terms and conditions of use set forth below. These terms are in addition to, and not in lieu of, the Terms and Conditions of Use for Beacon & Bridge's website, the Terms and Conditions for the MI Hometown Rewards program, and Beacon & Bridge's Privacy Notice, all of which are found at www.beaconandbridge.com.
(1)Agreement to Terms.
You acknowledge that you have read the Terms and Conditions of Use ("Terms") and that you accept the Terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CARFULLY BEFORE USING THE APPLICATION. If you do not agree to these Terms and Conditions of Use, you should uninstall the Application immediately.
(2)Use of Information.
Some functionality of the Application, including location based services, may require the transmission of information provided by you, including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), information related to MI Hometown Rewards Card or account, or GPS location ("User Information"). If you use such Application functionality, you consent to the transmission of your User Information to Beacon & Bridge or its agents, and authorize Beacon & Bridge and its agents to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Beacon & Bridge Privacy Notice. You are solely responsible of the confidentiality and security of your User Information transmitted form or stored on a mobile device for purposes of the Application, for all transactions and for other activities undertaken with any MI Hometown Rewards Card registered in your name, whether authorized or unauthorized. You agree to immediately notify Beacon & Bridge of any unauthorized transactions associated with the Application or any other breach of security. Beacon & Bridge is not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a mobile device or from unauthorized or fraudulent transactions associated with the Application. Beacon & Bridge may access or disclose information about you, including the content of your communications, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Beacon & Bridge or its customers, including the enforcement of its agreements or policies governing your use of the Application; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Beacon & Bridge employees, customers, or the public.
(3)Modification of Agreement.
Beacon & Bridge reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Application and these Terms, in whole or in part, at any time. Use of the Application after such changes will be considered an agreement to be bound by any such changes. You should review these Terms from time to time to read any changes.
(4)Copyright Protection and Use of Beacon & Bridge Information.
The Application is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Application are only for your personal use. All content or other materials contained in the Application are protected by copyright, and are owned by Quick-Sav Food Stores, Ltd. dba Beacon & Bridge Markets or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content viewed on or through the Application. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Beacon & Bridge or the copyright holder identified in the individual copyright notice. Beacon & Bridge names, logos, and trademarks may not be otherwise used by you in any manner without the prior written consent of Beacon & Bridge. You do not acquire ownership rights to any content or other materials viewed on or through the Application. The posting of information or materials on the Application does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Application or any part thereof.
Subject to these Terms, Beacon & Bridge grants you a person, nonexclusive, nontransferable, limited and revocable license to use the Application for personal use only on a mobile device owned or controlled by you. Any use of the Application in any other manner, including, without limitation, resale, transfer, modification, or distribution of the Application or text, pictures, music, barcodes, video, date, hyperlinks, displays and other content associated with the Application is prohibited. These Terms and this
User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
(6)Prohibited Use of the Application.
You agree that (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Application any content or materials which (i) harasses, abuses, or stalks any other user; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful component;
(vi) contain any information, software other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false of misleading indications of origin or statements of fact; (b) that you are at least thirteen (13) years old, and if you are 13 or older, but under the age of eighteen (18), that you have shared these Terms and Conditions with your parent or guardian and obtained their permission to use or access this Application; and (c) that you shall not use or access this Application, any of its content or any of the information or materials transmitted through the Application for any purpose or in any manner not expressly authorized by these Terms and Conditions of Use. Beacon & Bridge reserves the right to pursue any and all civil and criminal remedies for any breach of this agreement.
(7)Information on Children.
Beacon & Bridge does not seek to gather personal information from or about persons under the age of 18 through the Application and persons under the age of 18 are requested not to provide personal information to Beacon & Bridge through the Application without the involvement of a parent or guardian.
(8)Indemnification for Your Breach of Agreement.
You hereby agree to indemnify, defend and hold Beacon & Bridge, and of its officers, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Beacon & Bridge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of Beacon & Bridge.
(9)No Responsibility for Links.
(10) User Postings.
Beacon & Bridge does not and cannot review all materials posted to the Application by users, and Beacon & Bridge is not responsible for any such materials posted by users. However, Beacon & Bridge reserves the right at all times to disclose any information necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Beacon & Bridge's sole discretion are objectionable or in violation of these Terms.
(11) No Warranty as to Information.
The Application may contain general information related to Beacon & Bridge locations, daily fuel prices available at Beacon & Bridge locations, information related to the MI Hometown Rewards program, links to and information from the Beacon & Bridge website and social media profiles. Beacon & Bridge makes no warranties, representations or guarantees that such information is accurate or that any service or product referenced in the material found in the Application will be available at a specific time or at a certain Beacon & Bridge location. Beacon & Bridge does not represent or endorse the accuracy, completeness or reliability of any description, price, statement, text, graphics, links or other information displayed or found through the Application, including those of its affiliates and subsidiaries. You acknowledge that any reliance upon any such information shall be at your sole risk and responsibility. Beacon & Bridge reserves the right, in its sole discretion, to correct any errors and omissions in any portion of the Application.
(12) NO WARRANTY.
THE APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEACON & BRIDGE, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED FOR THE OPERATION OF THE APPLICATION. THE CONTENT ON THE APPLICATION OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE APPLICATION, FOR ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF ANY INFORMATION THROUGH THE APPLICATION OR ANY LINKED SITE. FURTHER, BEACON & BRIDGE, ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEACON & BRIDGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEACON & BRIDGE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO A USER'S MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF A USER'S ACCESS TO, USE OF, OR DOWNLOADING OF ANYTHING FROM, THE APPLICATION. BEACON & BRIDGE, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(13) NO AWARD OF DAMAGES AGAINST COMPANY.
IN NO EVENT SHALL BEACON & BRIDGE, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS APPLICATION OR ANY LINKED WEBSITE OR APPLICATION. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS OR INFORMATION SYSTEMTS, OR THE LOSS OF ANY INFORMATION OR DATA. In no event shall Beacon & Bridge's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of One Hundred Dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
(14) Use of Your Information.
Except as provided otherwise in Beacon & Bridge's Privacy Notice posted on Beacon & Bridge's website, by posting messages, or engaging in any other form of communication on or through the Application, you hereby grant to Beacon & Bridge a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Beacon & Bridge for any alleged or actual infringements of any proprietary rights, right of privacy and publicity, moral rights and rights of attribution in connection with such communications. Any user of the Application transmitting or providing information to Beacon & Bridge via message or post otherwise agrees that Beacon & Bridge has unlimited rights to such information and that Beacon & Bridge may treat such information as non-confidential and non-proprietary and may use such information in any way Beacon & Bridge chooses without compensation or acknowledgement of its source, except as otherwise restricted by applicable law.
(15) No Confidential Information.
Except as provided otherwise in Beacon & Bridge's Privacy Notice with respect to certain personal data and financial information, you acknowledge that transmission to and from this Application is not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Beacon & Bridge via the Application, no confidential, fiduciary, contractually implied or other relationship is created between you and Beacon & Bridge other than pursuant to these Terms.
(16) GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN. VENUE SHALL BE LIMITED TO THE COUNTY OF GENESEE, STATE OF MICHIGAN.
(17) Entire Agreement.
These Terms constitute the entire agreement between Beacon & Bridge and you with respect to your use of the Application. Any cause of action you may have with respect to your use of the Application must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect. Beacon & Bridge disclaims any and all responsibility for content contained in any third party materials provided through links from the Application. Use of paragraph headings is for information purposes and do not expand or limit terms of the paragraphs.
(18) Dispute Resolution.
Except for the right of either party to apply to a court of competent jurisdiction for injunctive relief, any controversy or claim arising out of or relating to these terms and conditions, other than ownership or title to intellectual property rights in the proprietary information of Beacon & Bridge, shall be settled by arbitration in Flint, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators my be entered in any court having jurisdiction thereof. Arbitration shall be conducted by a panel of three members, Beacon & Bridge and you each selecting one member and the third member, who shall be chairperson, selected by agreement between the other two members. The chairperson shall be an attorney-at-law, and the other members shall have a background or training in computer law, computer science, or marketing of computer products. The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. If an arbitrator lawfully awards damages to you, such damages shall not exceed One Hundred Dollars ($100).
(19) Contact Beacon & Bridge.
Any questions, complaints or claims regarding the Application should be directed to:
Beacon & Bridge Markets
c/o Quick-Sav Food Stores, Ltd. 6285 Taylor Drive
Flint, Michigan 48507
Phone: (810) 835-4330