Welcome to Church Hill Market!

This Agreement (the "Agreement") is a legal agreement between you and Church Hill Market ("Church Hill Market") that states the terms and conditions under which you may receive the Church Hill Market Service and use the Church Hill Market Web site ("Churchhillmarket.com"). If you use the Church Hill Market Service or Churchhillmarket.com, you agree to these terms and conditions.

1. Church Hill Market Service.

The Church Hill Market Service is a transaction, information and communication service available to authorized users ("customers") who access Churchhillmarket.com. Church Hill Market currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.

(a) Grocery Shopping and Delivery Service.
Church Hill Market's employees, agents or designees will shop and deliver grocery orders placed with the Church Hill Market Service. Prices of products sold online may differ from those sold in-store.

Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of order. You are responsible for ensuring that someone (a person 21 years of age or older with appropriate identification if delivery includes beer/wine and/or tobacco)is present at the delivery address to receive deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Church Hill Market cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the Church Hill Market Service, you may return it and it will be credited against your next Church Hill Market order. Church Hill Market's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.

In some areas, you may choose to receive your Church Hill Market order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing tobacco orders or beer/wine products cannot be left unattended under any circumstances. Church Hill Market may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive deliveries. Church Hill Market is not responsible, and you agree not to hold Church Hill Market or its employees responsible, for any damage or theft that occurs to an unattended delivery. Church Hill Market reserves the right to refuse to leave an order unattended if the Church Hill Market Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

(b) Third Party Information Providers and Merchants.
The Church Hill Market Service may permit you to order and receive products, information and services from businesses which are not owned or operated by Church Hill Market. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Church Hill Market does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Church Hill Market Service.

2. Property Rights.

(a) Copyright:
All content on Churchhillmarket.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Church Hill Market © 2006, Church Hill Market ALL RIGHTS RESERVED, or its content providers. Church Hill Market authorizes you to view, electronically copy and to print in hard copy portions of Churchhillmarket.com for the sole purpose of placing an order with Church Hill Market for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on Churchhillmarket.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Church Hill Market is strictly prohibited. Church Hill Market reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Church Hill Market.

3. Your Account.

You agree to provide Church Hill Market with accurate and complete information as required by registration for the Church Hill Market Service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Church Hill Market of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Church Hill Market Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Church Hill Market promptly of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Church Hill Market Service until you notify Church Hill Market of the unauthorized use, loss or theft.

4. Unauthorized or Fraudulent Use.

Church Hill Market does not offer the Church Hill Market Service to children. By registering for the Church Hill Market Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Church Hill Market Service only with the involvement of a parent or guardian. From time to time, Church Hill Market may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Church Hill Market reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.

5. Fees, Payment and Access.

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Church Hill Market fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the Church Hill Market fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Church Hill Market may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Church Hill Market may incur in its efforts to collect any unpaid balances from you. Church Hill Market reserves the right to establish a credit limit for your account. Your right to use the Church Hill Market Service is also subject to limits established by your credit card issuer.

6. Changes in Agreement, Fee Schedule or Church Hill Market Service.

Church Hill Market may at any time change any of the terms of this Agreement or the Church Hill Market fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Church Hill Market Service. If Church Hill Market makes material changes to this Agreement or changes to the Church Hill Market fee schedule, Church Hill Market will provide notice to you in a manner provided in this Agreement. Your use of the Church Hill Market Service after any such change will be conclusively deemed acceptance of such change. Church Hill Market may discontinue or revise any or all aspects of the Church Hill Market Service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Church Hill Market Service and terminate this Agreement.

7. Disclaimer of Warranty and Limitation of Liability.

YOUR USE OF THE CHURCH HILL MARKET SERVICE, CHURCHHILLMARKET.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE CHURCH HILL MARKET SERVICE, CHURCHHILLMARKET.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CHURCH HILL MARKET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHURCH HILL MARKET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY CHURCHHILLMARKET.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CHURCHHILLMARKET.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER CHURCH HILL MARKET NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE CHURCH HILL MARKET SERVICE, CHURCHHILLMARKET.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH CHURCH HILL MARKET. CHURCH HILL MARKET'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY CHURCH HILL MARKET AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material on Churchhillmarket.com is provided for lawful purposes only.

8. Indemnification.

You agree to defend, indemnify and hold Church Hill Market and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

9. Privacy and Security.

Your privacy is very important to Church Hill Market. Church Hill Market uses Verisign� or a similar service at Church Hill Market's discretion to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Church Hill Market does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the Church Hill Market Service or as described below.

(a) Aggregated Information.
Church Hill Market may use aggregated information regarding its customers and usage of the Church Hill Market Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.

(b) Third Party Service Providers.
Church Hill Market may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.

(c) Sale of Business.
Church Hill Market may transfer Customer Registration Data and other personal information in connection with the sale of Church Hill Market or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.

(d) Enforcement of Agreement or Compliance with Law.
Church Hill Market may use or disclose personal information when Church Hill Market believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Church Hill Market or its users or to comply with the law.

Please click here to review a complete statement of our Privacy and Security Policy which also governs your use of Churchhillmarket.com and the Church Hill Market Service.

10. Notices.

Church Hill Market may give notice to you of a change in this Agreement, a change in the Church Hill Market Fee Schedule, and any other matter by general posting on Churchhillmarket.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Church Hill Market by telephone (1-800-5-CHURCH HILL MARKET®), by electronic mail (as specified in the "Contact Church Hill Market" section of Churchhillmarket.com), or by conventional mail to:

Church Hill Market
P. O. Box 8095
Richmond, VA 23223

11. Legal and Miscellaneous.

(a) This Agreement states your entire agreement with Church Hill Market regarding the use of the Church Hill Market Service and Churchhillmarket.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

(b) The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(c) This Agreement shall be governed by the laws of the Commonwealth of Virginia with regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Church Hill Market or its Associates or relating in any way to your use of the Church Hill Market Service or Churchhillmarket.com resides in the courts of Virginia, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Virginia in connection with any such dispute.

(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

(e) Sections 7 and 8 of this Agreement are for the benefit of Church Hill Market and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Church Hill Market service.

12. Legal Notices to California Customers.

California customers are entitled to the following consumer rights information under California Civil Code Section 1789.3:

(a) Pricing Information.
The current Church Hill Market Fee Schedule may be obtained by calling Church Hill Market Customer Care at 1-804-780-2824. Church Hill Market reserves the right to add, delete or change fees or charges at any time upon notice as provided in this Agreement at Sections 6 and 12.

(b) Complaints.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL CHURCH HILL MARKET CUSTOMER CARE AT 1-804-780-2824.