Terms of Use

This website (the “Site”) is owned and operated by Brookshire Grocery Company, its affiliates, and agents (collectively, “Brookshire”), and provides online access to information about Brookshire’s Food & Pharmacy, as well as products and services offered by Brookshire and available or enabled through the Site, and other information of general interest to Brookshire customers (collectively, “Products and Services”).   

Consent to Terms of Use

You must be at least 18 years of age to access or use the Site.  If you are under the age of 18, you may access or use the Site only with the express permission of your parent or legal guardian.  If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site.  Read this agreement carefully and completely before using the Site.  By accessing or using the Site or the Products and Services, you agree to the terms, conditions, and practices set forth in this agreement (collectively, the “Terms of Use”), and you agree that the Terms of Use create a legally binding agreement between you and Brookshire. If you have any objection to or you do not agree with any of the Terms of Use, you are not authorized to access or use the Site and the Products and Services for any purpose and you should immediately discontinue use of the Site and the Products and Services.

Changes in the Terms of Use

Brookshire reserves the right, at any time and for any reason, to change or modify the Terms of Use.  We will notify you of any changes or modifications to the Terms of Use by posting the changed or modified version here and indicating below the date it was last changed or modified.  By continuing to access and use the Site following such changes or modifications, you agree to be bound by such changes or modifications to the Terms of Use.  Therefore, you should periodically review the Terms of Use to view the latest version.

In the event of a conflict between any provision of the Terms of Use and any other term of use or policy applicable to any other website owned and operated by Brookshire, the more specific provision shall apply unless otherwise stated. 

Right to Terminate Access

Brookshire, acting in its sole discretion and without notice, may deny any person access to, or use of, all or part of the Site, including any or all of the Products and Services, and may terminate any person’s access to, or use of, all or part of the Site, including any or all of the Products and Services.

Privacy Policy

In addition to the Terms of Use, there are privacy policies and procedures applicable to the Site.  For detailed information about the privacy policies and procedures which apply when you access or use the Site, please review our Brookshire’s Privacy Policy.

There are special privacy policies and procedures that apply when you enroll in the Brookshire’s Thank You Card program and use the Brookshire’s Thank You Card through the Site or at Brookshire’s food & pharmacy stores.  For detailed information on the Brookshire’s Thank You Card Program, please review our Thank You Card Policy.

There are also special privacy policies and procedures that apply to Brookshire Pharmacies. For detailed information on the privacy policies applicable to the Brookshire’s Pharmacy, which conforms to the privacy and security rules relating to the Health Insurance Portability and Accountability Act (HIPAA), along with related state laws, please review our Brookshire’s Pharmacy Privacy Policy.

In addition, this website was developed by MyWebGrocer, Inc. (“MyWebGrocer”), a third party associated with Brookshire in relation to this website, but not owned or controlled by Brookshire.  For more information regarding MyWebGrocer’s own policies, please review MyWebGrocer’s Privacy Policy and MyWebGrocer’s Terms of Use.  Brookshire is not responsible or liable for the content of any website, policy, or term of use of MyWebGrocer.

Links to Other Websites

The Site may contain links to other websites that are not owned, controlled, or operated by Brookshire.   These links do not constitute an affiliation with Brookshire or an endorsement or sponsorship by Brookshire of the websites or the third parties that operate the websites.  Please be aware that the Terms of Use do not apply to these third party websites.  Brookshire does not control and does not assume any responsibility or liability for the operation or content of third party websites.  You are encouraged to review the terms of use for any website you choose to access and confirm that they are acceptable to you prior to your use.

Trademark and Copyright Notice

All content, information, material, software, products, or services utilized on or through the Site (collectively “Content”) is the sole property of Brookshire or its content suppliers or vendors and is subject to trademark, service mark, copyright, and other intellectual property or proprietary rights held by Brookshire or its content suppliers or vendors and is protected by United States and international trademark and copyright laws.  All Content on the Site not owned by Brookshire is the property of or is used under license from their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brookshire.   

Except as provided herein or as permitted by applicable law, you may not upload, post, reproduce, or distribute in any way the Content protected by trademark, service mark, copyright, or any other intellectual or proprietary right, without obtaining express permission of the owner of the protected right.  No title, rights, or interests in any downloaded materials from the Site are afforded you as a result of such downloading for personal, noncommercial use.  You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide Brookshire a written notification containing the information specified below.  To notify Brookshire, please direct written notification to the following address:  Brookshire Grocery Company, Attn: Legal Department, P.O. Box 1411, Tyler, Texas 75710.  Please note that this procedure is exclusively for notifying Brookshire that your copyrighted material has been infringed; you may also be required to provide written notification to content suppliers and vendors for the Site such as MyWebGrocer.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Restrictions on Use of the Site and its Content 

The Site and its Content are intended for your personal, non-commercial use only.  Except as permitted herein and as may be specifically agreed in writing by Brookshire, no Content from the Site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way, except that where the Site is intentionally and specifically configured to enable the viewing or downloading of particular Content, visitors may view and download one copy of such Content to a single computer for the visitor’s personal use only, provided that visitors (a) keep intact all copyright, trademark, and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of Brookshire’s services or brands.  All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.

License and Access to the Site

Except as specifically permitted by the Terms of Use, using the Site does not confer, by implication, estoppels, or otherwise, any ownership right or license to the Site as a whole or to any individual elements of the Site, without regard to whether such elements are subject to copyright, trademark, or other proprietary protection.  Brookshire grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brookshire.  This license does not include any resale or commercial use of the Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  The Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brookshire.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brookshire without express written consent.  You may not use any meta tags or any other “hidden text” utilizing Brookshire’s name or trademarks without the express written consent of Brookshire.  Any unauthorized use terminates the permission or license granted by Brookshire.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Brookshire, the Site, or the Products and Services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Brookshire logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications, and other Content

You may not submit or post any materials to the Site if doing so would be unlawful or would violate or infringe the rights of any person or entity.  If you submit or post any materials to the Site, you represent and warrant to Brookshire that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity.  You may not submit or post any materials to the Site that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; (c) advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam.”  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.  By submitting or posting materials to the Site, you give Brookshire the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.  Brookshire has the right, but not the obligation, to screen materials submitted or posted to the Site by third parties, and to remove or edit any such materials for any reason and without notice.  Brookshire takes no responsibility and assumes no liability for any content posted by you or any third party.

Food, Nutritional, and Wellness Information

The Site may provide information about food, safe food handling, and preparation methods, as well as nutritional information.  This information is provided for education and informational purposes only and is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources or the advice of nutritional professional.  Brookshire may provide nutritional information about recipes on the Site; this information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients or garnishes.  Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation.  Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly.  Brookshire does not warrant the recipes contained on the Site or the results of preparing the recipes. 

Any health or wellness related content provided on the Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition.  Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health or diet.  Never disregard or delay in seeking professional medical advice because of something you have read on the Site.  Brookshire does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site.  Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.

Electronic Communications

When you send emails to Brookshire, you are communicating with us electronically and consent to receive return communications, if any, from Brookshire electronically.  You agree that all agreements, notices, disclosures and other communications that Brookshire may provide to you electronically satisfy any legal requirement that such communications be in writing.

Legal Disclaimers

ALTHOUGH BROOKSHIRE RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, BROOKSHIRE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SITE OR BROOKSHIRE STORES, OR THAT ANY ERROR, OMISSION, OR INACCURACY WILL BE CORRECTED. BROOKSHIRE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROOKSHIRE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY OR THROUGH THE SITE, PRODUCTS AND SERVICES, OR BROOKSHIRE STORES.

BROOKSHIRE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS OF USE OR ANY OTHER APPLICABLE TERM OF USE OR POLICY, YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BROOKSHIRE BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES RESULTING FROM OR CAUSED BY (I) YOUR USE OF THE SITE, (II) ANY SERVICES OR PRODUCTS DELIVERED, PURCHASED, OR USED AS A RESULT OF YOUR USE OF THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ANY ERROR, OMISSION, OR OTHER INACCURACY IN THE INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR DATA, OR (V) ANY OTHER MATTER RELATING TO YOUR USE OF THE SITE, EVEN IF BROOKSHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH YOUR USE OR THE CONTENTS OR SERVICES PROVIDED BY OR THROUGH THE SITE, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO DISCONTINUE USE OF THE SITE AND REQUEST THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION BE DELETED. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BROOKSHIRE’S LIABILITY IS LIMITED AND ALL WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT BROOKSHIRE’S LIABILITY, IN NO EVENT, SHALL EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BROOKSHIRE, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITE FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, ANY SERVICE PROVIDED OR RENDERED BY BROOKSHIRE IN CONJUNCTION WITH YOUR USE OF THE SITE, OR ANY VIOLATION BY YOU OF THE TERMS OF USE OR ANY OTHER APPLICABLE TERM OF USE OR POLICY.

Choice of Law

The Terms of Use shall be governed by, and will be interpreted according to, the laws of the State of Texas, U.S.A., without regard to any conflict-of-law provisions.  Jurisdiction and venue shall lie in the Federal and State courts in Smith County, Texas, U.S.A.  By accessing or using the Site or the Products and Services you irrevocably consent to the exclusive jurisdiction of the aforesaid courts and you irrevocably waive any objection you may now or hereafter have to the forum and venue of the aforesaid courts in proceedings arising out of or in connection with the Terms of Use or any other applicable term of use or policy.

Miscellaneous Provisions

The Terms of Use incorporate by reference any and all other notices or policies contained on the Site and constitute the entire agreement with respect to your access and use of the Site.  Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Any failure on the part of Brookshire to exercise or enforce any right or provision of the Terms of Use or any other applicable term of use or policy shall not constitute a waiver of such right or provision.  If any part of the Terms of Use or any other applicable term of use or policy is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of the Terms of Use or any other applicable term of use or policy, which are intended to remain in full force and effect.  Sweepstakes, giveaways, specials, sales, and other promotions offered on the Site may not be available in Brookshire stores; likewise, sales and specials offered in Brookshire stores might not be reflected online or on the Site. 

Contact Us

If you have any other questions or concerns, please feel free to contact us at:

By Mail:
Brookshire Grocery Company
Attn: We’re Listening
P.O. Box 1411
Tyler, Texas 75710

By Telephone (Toll-Free):1-888-WE RESPOND (1-888-937-3776)

By Email: customerservice@brookshires.com

This Policy was last modified on April 25, 2014