Effective Date: January 30, 2017
THIRD PARTY AND USER CONTENT
The Site may contain content or links posted by you, other users, or third parties (“Unaffiliated Content”). Northgate is not responsible for monitoring the Unaffiliated Content, but Northgate reserves the right to monitor and remove the Unaffiliated Content in its sole and absolute discretion. All Unaffiliated Content you submit to the Site will be considered part of the public domain. You will be solely responsible for all Unaffiliated Content that you submit, including its accuracy, timeliness, and completeness and any for claims of infringement concerning that Unaffiliated Content. By submitting Unaffiliated Content, you automatically grant Northgate an unlimited, royaltyfree, perpetual, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, distribute, display, create derivative works from, sell, sublicense, and otherwise use or exploit the Unaffiliated Content in any manner that Northgate determines in its sole discretion. If you do not agree to the foregoing, you should not submit any Unaffiliated Content to the Site.
Neither Northgate nor any of its affiliates, predecessors, successors, heirs, assigns, agents, employees, officers, directors, managers, owners, representatives, attorneys, or any persons acting by, through, under, or in concert with any of them (collectively, “Affiliates”) makes any representations or gives any warranties or guaranties concerning any Unaffiliated Content, and neither Northgate nor any of its Affiliates will be liable for any damage or injury arising from any Unaffiliated Content. The presence of any Unaffiliated Content on the Site is not to be considered an endorsement by Northgate or any of Northgate’s Affiliates of any person providing Unaffiliated Content, the views expressed in any Unaffiliated Content, or any products or services related to any Unaffiliated Content. Neither Northgate nor its Affiliates is responsible for the content provided by any user of the Site and/or the conduct of any user, whether online or offline. Your use of or reliance on any Unaffiliated Content is at your own risk. By accessing the Site, you acknowledge that Northgate merely acts as a passive conduit of the information made available by you, other users, or third parties. By accessing or otherwise using the Site, you acknowledge and assume all risks of harm, loss, or damage related to your use of the Site, and you hereby waive all claims and/or causes of action related to your use of the foregoing against Northgate and its Affiliates.
USER REQUIREMENTS AND RESPONSIBILITIES
In using the Site you shall not:
- Send, post, transmit, or upload material or content that is threatening, harassing, defamatory, or libelous;
- Send, post, transmit, or upload material or content that is obscene or pornographic;
- Send, post, transmit, or upload material or content that infringes on any trademark, copyright, or other intellectual property right;
- Send, post, transmit, or upload, without proper authorization, information that you know or should know to be confidential, sensitive, or otherwise in breach of the law, including personally identifiable information;
- Send, post, transmit, or upload viruses or other harmful, disruptive, or destructive files;
- Send, post, transmit, or upload “spam” or “junk mail”;
- Intentionally make false, deceptive, or misleading statements;
- Advertise any product or service;
- Use any Intellectual Property from the Site for a commercial purpose, including making any collection or use of any listings, descriptions, prices, or images of products;
- Navigate or search the Site by using any program, software, tool, or other device with the purpose of masscollecting data, including by using a data scraper, miner, spider, robot, or script;
- Frame, mirror, or use any other framing programs on the Site;
- Use any meta tags or other hidden text on the Site using Northgate’s Intellectual Property;
- Take any action that will interfere with the proper functioning of the Site; or
- Employ automated means to access or use the Site.
You shall comply with all applicable laws, rules, regulations, and ordinances related to your online conduct and your use of the Site.
You shall not copy any of the Site’s content or reverse engineer or break into the Site.
SITE INTELLECTUAL PROPERTY
All of the Site’s content (including text, trademarks, service marks, logos, music, sounds, videos, software, scripts, graphics, interactive features, or any downloadable content [collectively, “Intellectual Property”]) is protected by copyright, trademark, patent, trade secret, trade dress, and other laws in both the United States and elsewhere. You may not use, sell, modify, reproduce, display, distribute, create derivative works from, or otherwise exploit any of the Site’s content or any other intellectual property related to the Site without the prior written consent of Northgate or the content’s owner. Without limiting the foregoing, you may not use Northgate’s name, logo, trademark, or service mark in any manner without Northgate’s prior written consent.
By submitting information to Northgate electronically, including by email, you are consenting to receiving communications from Northgate electronically, including by email. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message. All newsletters sent by Northgate are opt-in only and include instructions on how to unsubscribe from such newsletters.
Any purchase of products from the Site or otherwise from Northgate shall be in accordance with the prices and purchase options set forth at the time of purchase. You agree to pay all fees listed at the time of purchase or at the time of pickup (as indicated on your order form) to Northgate. You agree to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free or that all products are available for purchase at all locations at all times.
Northgate may use the services of third parties to perform certain vital functions, including handling payments for the products discussed herein. These third parties will only have access to the aspects of your personally identifiable information that are necessary to perform their respective services. Although you may be required to provide credit/debit card information when you make a purchase, we immediately transmit this information to our payment gateway service provider.
We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
CONTESTS AND SWEEPSTAKES
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent, whose contact information is provided below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- The address, telephone number, and e-mail address of the copyright owner or its agent;
- 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; and
- 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.
Northgate’s Copyright Agent can be reached at: ITNotices@northgatemarkets.com or Northgate Gonzalez Markets, c/o Harrison Lewis, 1201 N. Magnolia Ave., Anaheim, CA 92801.
Northgate will handle all notices it receives under this Section in accordance with the terms of the Digital Millennium Copyright Act.
YOUR USE OF THE SITE OR ANY OF ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. THE CONTENT, MATERIAL, AND ANY INFORMATION OR SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIAL, INFORMATION, OR SERVICES (INCLUDING ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. NORTHGATE AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, INCLUDING THOSE REGARDING ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
The above disclaimers are made to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
IN NO EVENT WILL NORTHGATE, OR ANY OF NORTHGATE’S AFFILIATES BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE SITE’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NORTHGATE OR ANY OF NORTHGATE’S AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Northgate provides you with access to this Site in its sole discretion and reserves the right to modify or discontinue any aspect of the Site, including your ability to access the Site, at any time without notice. Northgate will not be liable to you or any third party for any modification or discontinuance of any aspect of the Site or your ability to access to the Site. Certain services offered through the Site may not be available in your area, and Northgate will not be responsible for any such unavailability.
If an authority of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision is to be severed from this Agreement, and the remainder of this Agreement is to remain in full force and effect.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you are charged for services, products, content, or information, pricing will be posted as part of the ordering process. If you have a question or complaint regarding the Site, please send an email by using the contact information below. Alternatively, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any California residents under the age of eighteen (18) who have posted content or information on the Site can request that such information be removed from the Site by contacting us, at the e-mail or address set forth below, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
NOTICES & CONTACT
All notices and contact concerning this Agreement and the Site should be sent to Northgate as follows:
ITNotices@northgatemarkets.com or Northgate Gonzalez Markets, c/o Harrison Lewis, 1201 N. Magnolia Ave., Anaheim, CA 92801.