TERMS AND CONDITIONS EFFECTIVE JANUARY 1, 2024
The websites, mobile websites, mobile applications (the “Sites”), retail grocery services, in-store offerings and services, and online services, including but not limited to any rewards programs and in-store or online grocery shopping, pickup and delivery services, and related subscriptions (collectively, the “Services”) are owned, operated, and provided by or on behalf of Lowes Foods, LLC (“Lowes Foods”). By accessing or using any Site and/or using, making purchases, enrolling in, or otherwise engaging in use of the Services, you hereby represent that you are a United States citizen and have read, understand, and agree to accept and be legally bound by all the terms and conditions listed herein (the “Terms”).
2. LFTG Services. Lowes Foods offers a service that allows you to place online grocery orders (“Order(s)”) and checkout via a Site for pickup or delivery (the “LFTG Services”). By placing an order, you are offering to purchase the products you have selected. During checkout, you will have the option to select your preferred time to pick up your Order at the Store or select a delivery option and time (“Fulfillment Time”). Once you place your Order, you will receive confirmation of the original items ordered. Please call 1-888-537-8646 if you do not receive this confirmation regarding your Order. A Lowes Foods employee (“Host”) will review, shop, and appropriately safeguard your Order for pickup at, or delivery from, the applicable Lowes Foods grocery store at which you place your Order (“Store”). Once shopped, the Host will use their best efforts to notify you of any unavailable items or substitutions. In the event Lowes Foods is unable to reach you prior to your Fulfillment Time, the Host will proceed with available substitutions, removals, or other changes to your order. For produce, deli, seafood, and meat products that are priced by the pound, the Host will select the amounts that most closely match the amount of product you requested. You will be billed only for the actual amount and price of the product selected. Consequently, the total dollar amount of your order may vary in accordance with Section 2.5 herein. Lowes Foods reserves the right to cancel any order it believes is fraudulent or in violation of these Terms. Minimum purchases may be required for LFTG Services, and Lowes Foods reserves the right to limit the quantities of products ordered.
2.1. Eligibility. By using the LFTG Services, you affirmatively consent to completion of your transaction by electronic means. You may withdraw your consent by not completing the online transaction; however, you may not be able to use the LFTG Services. You must provide valid contact information in order to receive appropriate communications.
2.2. Availability. LFTG Services, including without limitation third party delivery services, may not be available in all areas or all Stores. However, LFTG Services are generally available seven (7) days a week from 8:00 am – 8:00 pm EST, subject to Store hours, Site or location requirements, and other factors. Please check your preferred Store for information on available LFTG Services and Fulfillment Times.
2.3. Picking Up. If you arrive to pick up an Order after 8:00 pm EST, you will need to enter the Store to receive your Order. Orders must be placed in advance of your Fulfillment Time to ensure sufficient time for preparation of your Order, and such advance time frames may differ at each Store. You may choose from the available Fulfillment Times during the checkout process. Not all Fulfillment Time options will be available at all times or at all Stores. When you arrive at the Store for pickup during your designated Fulfillment Time, you will have the option of calling or using a third party location finding application (subject to Section 10 herein) to notify Lowes Foods that you have arrived. A Host will then bring your Order to your vehicle for loading.
2.4. Delivery. Delivery options will vary by Store and may not be available in your location. In the event you have chosen a delivery option, your Order will be delivered during your selected Fulfillment Time by a third-party delivery provider, subject to Section 10 herein, and may be subject to third party terms and conditions. Lowes Foods is not responsible for any actions or omissions of any third-party delivery service providers. By selecting the delivery option, you hereby agree to abide by the terms and conditions provided by the third-party provider. Further, by using selecting any delivery options, you hereby consent to receiving notifications from third-party delivery providers.
2.5. Fees. You will be provided with an estimated total for your Order at the time of checkout which reflects the pricing available on the day you place your Order for the quantities you selected. This estimated total is subject to change depending on (without limitation) product availability, substitutions, product weight, and other factors. Unless you have selected a Subscription option, a one-time fee per Order for the LFTG Services will be charged to you using your chosen method of payment (credit card, for example) during checkout (“Personal Shopping Fee”). In the event you have chosen a delivery option for your Order, you may be subject to additional fees from third party delivery service providers which varies by factors including but not limited to Store location and offerings, order size, and distance of delivery location (“Delivery Fee(s)”). Delivery Fees may be non-refundable. By using the LFTG Services, you agree to pay for all Orders, applicable taxes, and fees including without limitation sales taxes, Delivery Fees, one-time use fees, and Subscription Fees (if applicable). Fees are subject to change at any time, without notice, in Lowes Foods’ sole discretion.
2.6.1. Auto-Renewal. Lowes Foods offers subscriptions for the LFTG Services which includes an initial charge at enrollment followed by an automatic, recurring monthly or annual payment as selected by you for use of the LFTG Services (“Subscription”). You will have the option to select the monthly or annual period of your Subscription, which will be auto renewed (“Subscription Period”). By enrolling in a Subscription, you agree to automatically recurring monthly or annual payments for an indefinite amount of time for additional auto-renewal periods of the same duration as the initial Subscription Period (i.e., a month, year, etc.) until cancelled by you or Lowes Foods. Your account will be subject to this auto-renewal feature unless and until you cancel your Subscription or update your preferences. For avoidance of doubt, Subscriptions include any initial or subsequent (including auto-renewal) Subscription Period.
2.6.2. Subscription Fees. The applicable fee for a Subscription (“Subscription Fee”) shall be automatically charged on a recurring basis on the first day following the end of the Subscription Period for the same length as the initial Subscription Period at the then-current, non-promotional rate to the payment method you provided during enrollment without further authorization from you. Subscription Fees for your chosen Subscription Period shall be shown on the checkout page at the time of your enrollment in the Subscription. Subscription Fees are subject to change at any time without notice, in Lowes Foods’ sole discretion. You agree to Lowes Foods charging you, via the payment method you provide at enrollment, the Subscription Fee for the initial Subscription Period and again at the end of each Subscription Period. In the event your payment information changes, you must notify Lowes Foods by calling 1-888-537-8646 or delete/add credit card information by logging into your account. You agree that Lowes Foods may use updated credit card information provided directly from your bank or credit institution to process Subscription Fees, where applicable. In the event payment is not received timely, Lowes Foods will immediately terminate or suspend your Subscription until payment is received.
2.6.3. Notification and Subscription Termination. In the event you choose to cancel your Subscription, you may do so at any time by using one of the following methods: logging into your account HERE, emailing firstname.lastname@example.org, calling 1-888-537-8646, or clicking the “cancellation” link provided in the renewal notification email. Your Subscription shall continue through the end of your then-current Subscription Period, and you may continue using it until termination. Regardless of cancellation, you will not be eligible for or receive any refund (prorated or otherwise) for any portion of the Subscription Fee paid for the Subscription Period. You may not be able to cancel your Subscription if there is an Order in process. Cancellation by you shall not affect Subscription Fees charged prior to notice of cancellation or before Lowes Foods could reasonably take action. You will not be charged any additional fees for cancellation of your Subscription, and you may re-subscribe any time, subject to Lowes Foods rights to deny Subscription or re-Subscription.
3. Fresh Rewards.
3.1. Rewards. Lowes Foods offers a rewards and benefits program, valid only in the United States, that provides its participants product discounts, Gas Rewards (defined below), and other special promotions, subject to exclusions and changes (without notice) at any time (collectively, “Fresh Rewards”). All Fresh Rewards and benefits thereof may not be available at any Store. A valid email is required for participation, eligibility, and earning of benefits under Fresh Rewards. Lowes Foods reserves the right to revoke any Fresh Rewards benefits or offers at any time in its sole discretion. To earn and use Fresh Rewards, a Fresh Rewards card or key fob must be presented at the time of checkout. A valid driver's license may be requested if you provide a phone number in lieu of a Fresh Rewards card or fob. Participation in Fresh Rewards does not grant you any property rights or other ownership interest. Benefits under Fresh Rewards have no cash value whatsoever.
3.2. Cards and Fobs. Fresh Rewards cards and key fobs are issued by and remain the property of Lowes Foods. Safeguarding Fresh Rewards cards and key fobs is solely your responsibility, and Lowes Foods is not liable under any circumstances for lost, stolen, or damaged cards or fobs or any benefits or offerings forfeited or used as a result thereof.
3.3. Termination/Cancellation. Lowes Foods reserves the right at any time and without notice to: (a) terminate the program or any portion thereof; (b) decline eligibility, (c) withdraw or cancel cards, key fobs, or benefits, offerings, or other rewards collected or accumulated, (d) alter or amend these Terms, and/or (e) close or terminate your Fresh Rewards account. You may close your Fresh Rewards account by contacting Lowes Foods at 1-888-537-8646.
3.4. Restrictions. You agree that Fresh Rewards are only for personal and consumer use, and commercial use is strictly prohibited. Only Lowes Foods’s retail customers may register for Fresh Rewards. Rewards and benefits earned are not transferable and may only be used by members of the primary Fresh Rewards cardholder's immediate family who reside at the same address as the primary Fresh Rewards cardholder. Fresh Rewards cards and all offers provided to Fresh Rewards cardholders may not be transferred, sold, or traded.
4. Gas Rewards.
4.1. Lowes Foods offers a gas rewards program as part of Fresh Rewards that allows participants to accrue points that may be redeemed for discounts on gas at select, participating fuel stations (“Gas Rewards”). Gas Rewards are subject to exclusions and changes at any time, without notice including but not limited to changes in earning rates, redemption, and expiration. Gas Rewards will be credited to the primary Fresh Rewards account when earned. Gas Rewards will not be earned for some products or items (as determined by Lowes Foods) including without limitation beer, wine, tobacco, fuel, prescriptions, services, Lowes Foods gift cards, open value cards, lottery tickets, and taxes. Lowes Foods reserves the right to set limits on the amount of Gas Rewards that may be awarded to each Fresh Rewards account or to revoke, deduct, or reduce Gas Rewards at any time without notice, including in the event of return or exchange of products.
4.2. All Gas Rewards expire thirty (30) days from the date of earning and issuance. Gas Rewards amounts and expiration dates are available online in your Fresh Rewards account. If Gas Rewards have not been earned for twelve (12) consecutive months, the account may be deemed inactive, and the number of qualifying purchases towards the next Gas Rewards may be reset to $0.00.
4.3. Gas Rewards are nontransferable, and the member’s Fresh Rewards card or fob that earned the Gas Rewards must be presented at the time of redemption. Gas Rewards may be redeemed ONLY ONE TIME for ONE transaction for up to twenty-five (25) gallons of fuel at participating fuel stations, subject to credit card transaction value restrictions. Gas Rewards may not be applied to more than one transaction and will be removed from the Fresh Rewards account upon redemption at a participating fuel station.
4.4. Gas Rewards may only be redeemed at participating fuel stations including Lowes Foods fuel stations and/or a Lowes Foods partner station. Other terms and conditions may apply to partner stations, as provided to you by such partner station. Lowes Foods does not control any partner station or its practices and is not responsible for the information, content, or services made available from partner stations. You may be required to link your Fresh Rewards card with a partner station in order to use the Gas Rewards at that partner station.
5. Wifi. By using our internet service or wireless network (Wifi), you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage your computer or device. Accordingly, you agree that the owner and/or provider of this network and Wifi is NOT liable for any issues related to your use of the Wifi including without limitation any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, Lowes Foods reserves the right to permanently disconnect the offending device from the wireless network. You agree that you will not use the Wifi for any illegal or unacceptable use.
The following are representative examples of illegal use of the Wifi only and do not comprise a comprehensive list of illegal uses:
• Spamming and invasion of privacy - Sending of unsolicited bulk and/or commercial messages over the internet using the Wifi or using the Wifi for activities that invade another's privacy;
• Intellectual property right violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party;
• Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity;
• The transfer of technology, software, or other materials in violation of applicable export laws and regulations;
• Export control violations;
• Using the Wifi in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services;
• Uttering threats;
• Distribution of pornographic materials to minors and Child pornography.
The following are representative examples of unacceptable use only and do not comprise a comprehensive list of unacceptable uses:
• High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents);
• Obscene or indecent speech or materials and defamatory or abusive language;
• Using the Wifi to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another;
• Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message;
• Facilitating a violation of these Terms;
• Distribution of viruses, Trojan horses, or other destructive activities;
• Distributing information regarding the creation of and sending viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
• Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
• The sale, transfer, or rental of the Wifi to customers, clients or other third parties, either directly or as part of a service or product created for resale.
• Seeking information on passwords or data belonging to another user.
• Making unauthorized copies of proprietary software or offering unauthorized copies of proprietary software to others.
• Intercepting or examining the content of messages, files, or communications in transit on a data network.
6. Coupons: Coupons may be presented and accepted in accordance with the terms and conditions in the Coupon Policy available COUPON POLICY. The Coupon Policy is hereby made a part of and incorporated into the Terms by reference.
7. Product: Product and item pricing, inventory, and availability will vary by Store. Lowes Foods cannot guarantee the availability of any product, pricing, or quantity at any time, including for LFTG Orders. Availability and pricing of products and items are subject to change, discontinuation, removal, or other changes at any time, without notice.
8. Pricing. Lowes Foods in-Store, online, and advertised prices change at least weekly. For LFTG Services, you will be charged the price of the items on the day the Order is shopped at the prices in effect at the time the Order is shopped. In the event an item scans for a higher price than the one shown on the shelf tag, you may receive one like item for FREE (excluding beer, wine, and cigarettes) and any additional amounts of the item at the shelf tag price. All pricing shown on the Sites or available in Stores are in United States dollars only and do not include taxes or any additional fees or charges. You will be responsible for any sales taxes or government fees associated with your purchase and Store location. Some products or items may have minimum age requirements that must be met and verified with a valid, government-issued photo identification in order to purchase.
9. Returns. If you are not completely satisfied with the freshness or quality of a product you purchase from Lowes Foods, you can return or exchange the product at your local Store. Lowes Foods will replace the item and refund the purchase price for such item or product upon presentation of a valid receipt. Lowes Foods reserves the right to limit returns or refunds were prohibited by law or where fraud or abuse is suspected.
10. Minimum Age. The Sites and Services are not intended for use by or targeted towards any non-United States citizens or anyone under the age of sixteen (16). By using or accessing the Sites and Services, you represent and certify that you are a United States citizen of at least sixteen (16) years of age or older and, if under age 18, are using the Site or Services with permission from and under the supervision of your legal guardian. There may be certain items for purchase that are subject to age requirements such as those for which you must be age 21 or older to purchase, including without limitation tobacco or alcohol (in accordance with applicable law). Lowes Foods will not sell those items to those who do not meet the minimum age requirements.
11. Changes. Lowes Foods reserves the right, at any time and without notice, to terminate or modify, in whole or in part, the Sites (including any activities thereon), the Services, and these Terms. Changes will be posted on the Site, and the effective date of the Terms will be indicated at the top of the page. Please check back from time to time so you are aware of any changes or updates. By continuing to use the Sites or Services after the posting of any such changes, you accept and agree to these Terms and any associated policies, as modified.
12. Communications. By accessing this Site or using the Services and/or otherwise providing your contact information including e-mail address and/or telephone number to Lowes Foods, you expressly consent to Lowes Foods communicating with you electronically and by telephone (including without limitation via e-mail, SMS/Text message, or by telephone). You expressly consent to receive calls, e-mail, or text messages for any purpose including but not limited to your Lowes Foods to Go orders, payment and billing, promotional and marketing purposes, telemarketing, or other communications regarding your account or Lowes Foods. Lowes Foods may require a valid and current e-mail address and/or telephone number for the use of certain Sites and Services. Message and data rates may apply to SMS/text messaging, and frequency may vary. To opt out of SMS/text messages, text “STOP” in response to an SMS/text message received from Lowes Foods at any time. For help, text “HELP” in response to an SMS/text message received from Lowes Foods, call Lowes Foods Guest Services at 1-888-537-8646, or email email@example.com. You may opt out of marketing e-mails at any time by clicking the “Unsubscribe” link in the e-mail footer or calling Lowes Foods Guest Services at 1-888-537-8646 or email firstname.lastname@example.org. Please allow a reasonable amount of time for any of your requests to be processed.
13. Submissions and Feedback. Any information, including communications, comments, suggestions, ideas, and feedback, made or sent to Lowes Foods in connection with your use of the Services or Sites is the property of and may be used by Lowes Foods for any purpose without any compensation to you, shall be treated as not confidential, and amounts to an assignment of all rights, title, and interest in any such information to Lowes Foods.
14. Use and Account Creation.
14.1. In order to access or use some features or functionality of the Sites and Services, you may be required to set up an account with Lowes Foods which will require creation of login credentials. You are solely responsible for maintaining the confidentiality of any such credentials and for any actions or purchases (whether or not authorized by you) performed or made under your account by you or any other party. Lowes Foods is not responsible for any damage or loss resulting from your failure to maintain credential confidentiality or restrict access to the devices used to access your account.
14.2. You hereby agree to use the Sites and Services only for lawful purposes and in accordance with the Terms. You agree to comply with all applicable laws, rules, and regulations of the applicable location. You represent that you are purchasing products for your personal use only and not for resale or commercial use. Lowes Foods reserves the right to remove any content, communications, data, or materials that it determines to be in violation of the Terms.
14.3. You agree not to use the Sites or Services or enable others to use the Sites or Services:
• to violate the rights of any third party or in violation of applicable laws,
• to attempt to gain unauthorized access to or disrupt any service, device, data, account, or network;
• to spam or distribute malware, or transmit or cause to be transmitted any viruses, worms, Trojan horses, time bombs, cancel bots or any other harmful, damaging, or destructive programs or content;
• in any way that could harm the Sites and Services or impair a third party’s use of it; and
• to disable, tamper with, or otherwise attempt to circumvent any security mechanisms or share or transfer any license key, password or other security device relating to the use thereof with or to any third party.
14.4. You agree not to use the Sites or Services to post, upload, or otherwise transmit any communications, content, data, or other materials that is
• false, fraudulent, or clearly misleading,
• defamatory, libelous, harassing, sexually explicit, vulgar, unlawful, obscene,
• inappropriate or objectionable with respect to race, gender, or ethnicity,
• infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any third party,
• constitutes unsolicited or unauthorized advertising, solicitation, or promotional materials (including but not limited to chain letters, spam, or junk mail), or
• unrelated to the Services or Sites.
16. LIMITATION OF LIABILITY. LOWES FOODS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, LOST PROFITS, OR SAVINGS) UNDER ANY CIRCUMSTANCES, RELATING TO OR ARISING UNDER (A) THESE TERMS OR ANY CONCERN RELATING TO THE SITES OR SERVICES, (B) YOUR USE OF THE SITES OR SERVICES, INCLUDING WITHOUT LIMITATION THE INABILITY TO ACCESS OR USE THE SITES OR SERVICES, (C) ANY INFORMATION, CONTENT, OFFERINGS AVAILABLE THROUGH THE SITES OR SERVICES, (D) ANY TRANSACTIONS CONDUCTED THROUGH OR ON THE SITES, AND (E) INFORMATION, CONDUCT, OR CONTENT BY OR FROM ANY THIRD PARTY, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL LOWES FOODS’S TOTAL LIABILITY EXCEED $100.00.
APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS OF DAMAGES. IN SUCH A CASE, LOWES FOODS’S TOTAL LIABILTY FOR DAMAGES IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE MAXIMUM PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE WITH RESPECT TO THE SITES, SERVICES, OR LOWES FOODS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.
17. Intellectual Property. Except as otherwise provided, all content, design, images, graphics, text, or other information available on the Site (“Site Content”) and the names, marks, and logos on the Sites are the property of and owned by or licensed to Lowes Foods (“Intellectual Property”). Intellectual Property is protected by trademark, copyright, and other laws. Lowes Foods hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to view or use the Intellectual Property solely for your personal, non-commercial use without modification, reproduction, display, or distribution of any kind and incompliance with applicable laws. Unless explicitly provided herein, access to or use of the Sites or Services does not provide any rights to you or any other party use the Lowes Foods name, logo, trademarks, service marks, or other Intellectual Property for any purpose without the express written consent of Lowes Foods.
18. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES, SERVICES, CONTENT (INCLUDING WITHOUT LIMITATION PRODUCT DESCRIPTIONS, PRICING, AND PHOTOGRAPHS), AND FUNCTIONS ARE PROVIDED “AS IS.” LOWES FOODS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SITES AND SERVICES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AVAILABILITY, ACCESS, SECURITY, QUALITY, MERCHANTABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. LOWES FOODS DOES NOT WARRANT THAT THE SITES AND SERVICES OR ANY INFORMATION, CONTENT, OR ELECTRONIC COMMUNICATIONS ARE ERROR FREE OR FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES, SERVICES, OR TERMS IS TO STOP USING THE SITES AND SERVICES.
19. Indemnity. By using the Sites or Services, you agree to indemnify, defend, and hold harmless Lowes Foods and its affiliates, officers, directors, stakeholders, employees, agents, and their successors and assigns from and against any and all claims, demands, threats, losses, costs, suits, obligations, liabilities, damages, penalties, and expenses (including reasonable attorney’s fees) that arise out of or are related to your use of or inability to access the Sites and Services and your breach of these Terms.
20. Digital Millennium Copyright Act (“DMCA”) Notice. If you believe that any content or materials available on the Sites constitutes copyright infringement, please send a written notice to the designated copyright agent below and include the following (“Infringement Notice”):
• identification of the copyrighted work claimed to have been infringed, or a representative list of such works (if more than one on a single Site),
• identification of the material on the Site and information reasonably sufficient to permit Lowes Foods to locate the material you are requesting removal of,
• contact information reasonably sufficient for Lowes Foods to contact the copyright owner or the person authorized to act on behalf of the copywrite owner (“Authorized Agent”),
• a statement that the copyright owner or Authorized Agent sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,
• the physical or electronic signature of the copyright owner or the Authorized Agent,
• a statement that the information in the Infringement Notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
Alex Lee, Inc.
120 Fourth Street SW
Hickory, NC 28602
21. Force Majeure. Lowes Foods shall not be held liable or responsible for delay or failure to comply with these Terms as a result of any cause beyond its reasonable control, including, but not limited to network outages, transportation delays, acts of God, fire, flood, accident, strike, lockout, war, riot, civil unrest, martial law, embargo, excessive demand for its products over the available supply, government regulation, pandemic, epidemic, or any other similar cause or circumstance beyond Lowes Foods’s control which prevents or hinders Lowes Foods’s performance or availability of Sites and Services.
22. Governing Law. These Terms and all matters arising out of or relating hereto shall be governed and controlled, construed, and enforced exclusively in accordance with the laws of the State of North Carolina, Catawba County, notwithstanding choice of law provisions. You irrevocably consent to the personal jurisdiction of the federal and state courts presiding in North Carolina for any disputes related to these Terms. YOU HEREBY KNOWINGLY WAIVE YOUR RIGHT TO A JURY TRIAL WITH RESPECT TO ANY MATTERS ARISING OUT OF THESE TERMS, THE SERVICES, OR THE SITES.
23. Export Control. The Sites and Services are owned and operated from the United States. Access to or use of thereof may not be legal in certain countries by certain persons, and Lowes Foods does not claim that the Sites or Services may be accessed or used outside the United States. Therefore, if you access the Site from outside the United States, you are doing so at your own risk and are solely responsible for compliance with the laws of the jurisdiction from which you are accessing or using the Sites. As such, you agree that you will adhere to and comply with all applicable export and re-export control restrictions.
24. Attorneys’ Fees. You agree that, in connection with any arbitration, mediation, or court proceeding between you and Lowes Foods, each party shall be responsible for its own fees, costs, and expenses incurred thereby.
25. Waiver and Severability. Failure or delay by Lowes Foods in exercising any rights or enforcing any provisions hereunder will not be construed as a waiver thereof nor shall it in any way affect the validity of these Terms or the right of Lowes Foods to enforce each and every provision thereafter. If any provision of these Terms is held by final judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of these Terms shall continue to be valid and enforceable to the fullest extent permitted by the law.
26. Relationship. Nothing in these Terms shall cause you or Lowes Foods to be construed as being in, or an intention to be in, a relationship as partners, joint venturers, employer/employee, principal/agent, or as affiliate or subsidiary.
27. Assignment. You may not assign your rights, duties, or obligations hereunder at any time, whether by operation of law or otherwise. Any assignment in violation of this provision shall be void. The Terms insure the benefit of Lowes Foods, its successors, assigns, and licensees.
28. Notice. You agree that any notices, agreements, or other communications sent to you electronically by Lowes Foods shall satisfy any legal communications requirements, including without limitation any requirement that communications be in writing. You may contact Lowes Foods at 1-888-537-8646 between the hours of 8:00 AM and 5:00 PM EST or by mail at Lowes Foods, LLC, Attention Guest Services, PO Box 24908, Winston-Salem, NC 27114.