Terms and Conditions

Introduction
This site is for U.S. customers only.

Overview
This website is operated by SaiNath’s Grocery LLC. Throughout the site, the terms “we”, “us” and “our” refer to SaiNath’s Grocery LLC. LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also
includes any person or entity that accesses or uses the Application with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP
USING THE APPLICATION AND DO NOT USE ANY SaiNath’s Grocery SERVICE, PARTICIPATE IN ANY PROGRAM, REDEEM ANY VALIDATED USER REDEMPTION VOUCHER OR USE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE APPLICATION.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates
and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ABOUT THE APPLICATION

The Application is a platform through which Registered Users order groceries and have them delivered to a specified location. Over time and use, the Application will learn the Registered User's grocery habits and begin to propose a weekly grocery basket. All available grocery and delivery programs on the Application may change at any time in SaiNath’s Grocery's discretion, without notice.

SECTION 2 - OWNERSHIP OF THE APPLICATION

The Application, any content on the Application and the infrastructure used to provide the Application are proprietary to us, our affiliates and other content providers. By using the Application and accepting these Terms of Use: (a) SaiNath’s Grocery grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Application pursuant to these Terms of Use and to any additional terms and policies set forth by SaiNath’s Grocery; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, products or services obtained from or through the Application without the express permission of SaiNath’s Grocery.

SECTION 3 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

You are able to create a binding legal obligation;
You are not barred from receiving products or services under applicable law;
You will not attempt to use the Application with crawlers, robots, data mining or extraction tools or any other functionality. 

Your use of the Application will at all times comply with these Terms of Use; 

You will only engage in transactions that comply with the letter and spirit of the terms of the respective offers;
You have the right to provide any and all information you submit to the Application, the information and all such information is accurate, true, current and complete; and
You will update and correct information you have submitted to the Application and ensure that it is accurate at all times (out-of-date information will invalidate your account).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 4 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Application or our services, we will post notice of the change on the Application. If you have an account on the Application, any changes to these Terms of Use will be effective upon our notice of the changes on the Application. If you do not agree to the changes, you may close your account without penalty and you should not use the Application, or any services offered through the Application after the effective date of the changes. If you do not have an account, any changes will be effective immediately for new and existing users of the Application. We
suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. Your use of the Application after we update these Terms of Use will constitute acceptance of the modified Terms of Use.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or
product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SaiNath's Grocery is an online retail store and provide products of third party by staying within the rules. We do not change or alter any product from our side. So will not be responsible for any product related harm, allergies or any health related issues. Product buyers or users will have to do their due research before buying it from website. In any condition SaiNath's Grocery will not be hold responsible.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. In order to use the Application, you will have to provide your (i) first name; (ii) last name; (iii) email address; (iv) delivery location; (v) payment information; and, (vi) set an account password. The required information you will have provided is referred to herein as your Account. In addition, as you use the Application, we will collect certain information regarding your usage or actions. For example, to provide the most accurate weekly grocery proposal, we may store your grocery lists for future reference. We use the information we gather from your use of the Application in accordance with the terms of our Privacy Policy which is located on our website. 
You may only hold one Account on the Application for your personal use. When you agree to these Terms of Use, you represent that you will have only one Account and that you will use your Account as a bona fide consumer and with no intent to defraud SaiNath’s Grocery. 
You are responsible for updating and correcting information you have submitted to create or maintain your Account.

You understand and agree that SaiNath’s Grocery shall have no responsibility for any incident arising out of, or related to, your Account.

You are solely responsible for maintaining the security of your Account. We will assume that anyone using the Application or transacting through your Account
is you. You agree that you are solely responsible for any activity that occurs under your Account.

You will be persistently logged into the Application unless you choose to delete the Application from your mobile device or we terminate your Account.

Your Account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including failure to maintain updated and correct information about your Account, may cause us to cancel your Account in our sole discretion. If your Account is cancelled, you will forfeit any pending, current or future promotional vouchers and any other forms of unredeemed value in your Account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Application, including, but not limited to, requirements for use.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - YOUR CONDUCT

All interactions on the Application must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Application, we may limit your privileges on the Application and seek other remedies. The following activities are
prohibited on the Application and constitute express violations of these Terms of Use: Submitting any content to the Application that: Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); Contains personal information, except when we expressly ask you to provide such information; Contains viruses or malware; Offers unauthorized downloads of any copyrighted, confidential or private information; Has the effect of impersonating others; Contains messages by non-spokesperson employees of SaiNath’s Grocery purporting to speak on behalf of SaiNath’s Grocery or provides confidential information concerning SaiNath’s Grocery; Is purposely inaccurate, commits fraud or falsifies information in connection with your SaiNath’s Grocery account or to create multiple SaiNath’s Grocery accounts; or Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Attempting to do or actually doing any of the following: Accessing data not intended for you, such as logging into a server or
an account which you are not authorized to access; Scanning or monitoring the Application for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; Scanning or testing the security or configuration of the Application or to breach security
or authentication measures; or Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Application or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Application. Using any of the following: Frames, framing techniques or framing technology to enclose any content included on the Application without our express written permission; Any Application content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission; The
Application or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with SaiNath’s Grocery; or The Application or any of its resources to solicit consumers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SaiNath’s Grocery, including, without limitation, aggregating current or previously offered deals. Collecting any of the following: Content from
the Application, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Application without our express written permission; or Personal Information (defined in our Privacy Statement), User Content (defined in Section 10 below) or content of any consumers. Engaging in any of the following: Tampering or interfering with the proper functioning of any part, page or area of the Application or any functions or services provided by SaiNath’s Grocery; Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); Reselling or repurposing your access to the Application; Accessing, monitoring or copying any content from the Application using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; Violating the restrictions in any robot exclusion headers on the Application or bypassing or circumventing other measures employed to prevent or limit access to the Application; Aggregating any current or previously-offered deals or content or other information from the Application (whether using links or other technical means or physical records associated with purchases made through the Application) with material from other sites or on a secondary site without
our express written permission; Deep-linking to any portion of the Application without our express written permission; Hyperlinking to the Application from any other website without our initial and ongoing consent; or Acting illegally or maliciously against the business interests or reputation of SaiNath’s Grocery or our services.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in these Terms of Use. 

SECTION 14 - COPYRIGHT AND TRADEMARKS 

The Application contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Application are protected by copyright, trademark and other intellectual property laws of the United States. SaiNath’s Grocery' owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of SaiNath’s Grocery or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. You will not upload, post or otherwise make available on the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SaiNath’s Grocery does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Sainath’s Grocery USA, Inc.. owns trademarks, registered and unregistered in the United States and “SaiNath’s Grocery”, the SaiNath’s Grocery logo and variations thereof found on the Application are trademarks owned by SaiNath’s Grocery USA, Inc.. or its related entities and all use of these marks inures to the benefit of SaiNath’s Grocery LLC., Other marks on the Application not owned by SaiNath’s Grocery may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SaiNath’s Grocery unless otherwise stated, or may be the property of their respective owners. You may not use SaiNath’s Grocery’s name, logos, trademarks or brands without SaiNath’s Grocery’s express permission. 

SECTION 15 - USER CONTENT

The Application may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications and other content (collectively, "User Content") through forums, bulletin boards,
discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Application from time to time. You may be required to have a SaiNath’s Grocery account to submit User Content. If you contribute any User Content, you represent and
warrant that: (a) you are the creator the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and
warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading,
defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment. SaiNath’s Grocery' shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to
determine compliance with these Terms of Use and any operating rules established by SaiNath’s Grocery as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, SaiNath’s Grocery shall have the right to remove any material from the
Application in its sole and absolute discretion. SaiNath’s Grocery assumes no liability for any User Content or other information that appears or is removed from the Application or elsewhere. SaiNath’s Grocery has no obligation to use User Content and may not use it at all. In some instances and from time
to time, it may be possible to modify or remove the User Content submitted or posted through your account. SaiNath’s Grocery makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Application or elsewhere, or that the User Content will
cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

SECTION 16 - PUBLIC NATURE OF YOUR USER CONTENT.

You understand and agree that User Content is public. Any person (whether or not a user of SaiNath’s Grocery’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. SaiNath’s
Grocery is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content. Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by SaiNath’s Grocery. Other users may post User Content that is inaccurate, misleading or deceptive. SaiNath’s Grocery does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of SaiNath’s Grocery. SaiNath’s Grocery does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Application, including any objectionable User Content.

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 18 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. NONE OF SaiNath’s Grocery, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE APPLICATION, INCLUDING WITHOUT LIMITATION AVAILABLE PROGRAMS, (II) OR USER CONTENT PROVIDED THROUGH THE APPLICATION. THE APPLICATION AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE APPLICATION, OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, ARE MADE ACCESSIBLE
OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, SaiNath’s Grocery HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE CONTENT, USER CONTENT OR OTHER
INFORMATION CONTAINED ON THE APPLICATION OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

In no case shall SaiNath’s Grocery , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law. 

IN NO EVENT SHALL SaiNath’s Grocery., ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE APPLICATION, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE APPLICATION; (B) PRODUCTS DELIVERED THROUGH THE SaiNath’s Grocery APPLICATION; (C) YOUR INABILITY TO USE THE APPLICATION; (D) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE APPLICATION; (E) OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION; OR (F) THESE TERMS OF USE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED ONE HUNDRED DOLLARS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 19 - ELECTRONIC COMMUNICATIONS

When you use the Application or send emails to SaiNath’s Grocery, you are communicating with us electronically and consent to receive electronic communications related to your use of the Application. We will communicate with you by email or by posting notices on the Application. You agree that all
agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Application or from which you otherwise email us.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SaiNath’s Grocery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to defend, indemnify and hold harmless SaiNath’s Grocery, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any User Content submitted or posted by you, in connection with the Application, or any use of the Application in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third-party.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be  enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - FORCE MAJEURE

SaiNath’s Grocery shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of SaiNath’s Grocery.

SECTION 23 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 - ASSIGNMENT

You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of SaiNath’s Grocery. Any attempted assignment that does not comply with these Terms of Use shall be null and void. SaiNath’s Grocery may
assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

SECTION 25 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 - GOVERNING LAW

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Application or SaiNath’s Grocery’s services shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services shall be brought exclusively in
the federal or state courts of San Bernardino County, California, USA, and you and SaiNath’s Grocery consent to the personal jurisdiction of those courts.

SECTION 27 - DISPUTE RESOLUTION

If you have a dispute with SaiNath’s Grocery LLC, you agree to contact us first and attempt to work it out amicably. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and SaiNath’s Grocery agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United
States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Bernardino County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the  Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial
acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. If any part of this Section 20 is ruled to be unenforceable, then the balance of this Section 20 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

SECTION 28 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29 - ADDITIONAL DISCLOSURES

No waiver by either you or SaiNath’s Grocery. of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used
herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.

SECTION 30 - RIGHT TO REJECT

SaiNath's Grocery holds the right to reject the service to any personal. 

SECTION 31 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sainathsgrocery@yahoo.com.