Trader Joe’s Terms of Use

10/06/14

Traderjoes.com and TJ's App Terms of Use

Welcome, again, to the Trader Joe's website. By accessing our website, you are consenting to the following terms of use and all corresponding legal "stuff" that goes along with it. By accessing or using this site, you agree to follow and be found by these terms. If you don't agree with our terms of use, unfortunately, we will have to ask you to not access this site. That said, you can always change your mind, and we'll welcome you back.

Traderjoes.com and TJ's App Information Exchange

During your use of Traderjoes.com, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Practices & Commitments. For more on this, please see our Privacy Practices & Commitments.

Traderjoes.com and TJ's App Copyright and Trademark Rights

The Material on Traderjoes.com and TJ's App is the property of Trader Joe's. In other words: All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Traderjoes.com (or to another party that has licensed their material to Traderjoes.com) and is protected by United States and international copyright laws.

Please Respect the Material on Traderjoes.com and TJ's App: You may not reproduce, redistribute or otherwise use any materials without the express written consent of The Trader Joe's Company. Trader Joe's trademarks and trade dress may not be used in connection with any product or service that is not Trader Joe's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Trader Joe's. (We know, but we still have to say it.)

The Material Included On This Website and App Can Be Used For Personal, Informational And Shopping Purposes Only: This means that you agree you will not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of this website or app in any way. You agree to indemnify, defend and hold harmless Trader Joe's for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Trader Joe's and that in the event of an unauthorized use, Trader Joe's shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that Trader Joe's believes that you have violated its intellectual property rights, Trader Joe's or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

Limitations on Use

Trader Joe's grants you a non-exclusive, non-transferable, limited license to view this website, and to download and/or print portions of materials retrieved from this website as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of Traderjoes.com may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of The Trader Joe's Company.

In addition, you may not use Traderjoes.com or TJ's App to:

Disclaimer and Limit on Liability

Trader Joe's Will Do Its Best to Bring You Uninterrupted, Functional Use of Traderjoes.com and the TJ's App: That said, we do not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website, app, or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.

Please understand that Trader Joe's Company disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website or the TJ's app; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or app, or any portion of this website or app; (5) your use of this website or app; or (6) your use of any equipment or software in connection with this website or app.

Third Party Websites

As a convenience to Trader Joe's, Traderjoes.com or the TJ's App may include links to third party websites or material which are beyond its control. Trader Joe's is not responsible for content on other websites outside of Traderjoes.com. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and Trader Joe's disclaims all liability in connection with your use of a linked website.

Changes in Our Terms of Use

We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. Trader Joe's reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them right here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

Disputes and Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles, California. For the sake of clarity, nothing in this paragraph shall affect Trader Joe's ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to Traderjoes.com or the TJ's App must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Children

Parents should always supervise their children while online. Trader Joe's website and app are not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the website or app.

International Use

Trader Joe's makes no representation that materials in this website or app are appropriate or available for use in other locations. If you access this website or app from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

Trader Joe's Community Guidelines for "Comments" and "yums" on the TJ's App

The root of the word community encompasses the concepts of "fellowship" and "courtesy," as well as "shared responsibility." By engaging here, you are agreeing to be a steward of the Trader Joe's community, and thus engender the fellowship, courtesy and shared responsibility as outlined in these guidelines:

Miscellaneous

This website and/or certain activities provided via this website may be covered by U.S. Patent 6,091,956.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Trader Joe's relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Trader Joe's with respect to such subject matter. This Agreement may not be changed, waived or modified except by Trader Joe's as provided herein or otherwise by written instrument signed by Trader Joe's. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Trader Joe's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Trader Joe's may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.