Terms and Conditions

Terms & Conditions
Terms & Conditions

FletcherOnlineServices Terms of Use

Last Updated March 11, 2021

Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND THE FletcherOnlineServices ENTITIES ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Introduction

Welcome to the family of websites and applications provided by FletcherOnlineServices. These Terms of Use govern your access to and use of all FletcherOnlineServices Sites among other things. By using the FletcherOnlineServices Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the FletcherOnlineServices Sites is unauthorized. Additional terms and conditions apply to some services offered on the FletcherOnlineServices Sites (e.g., FletcherOnlineServices Pharmacy, and Gift Cards) or through other channels. Those terms and conditions can be found where the relevant service is offered on the FletcherOnlineServices Sites or otherwise and are incorporated into these Terms of Use by reference.

DEFINED TERMS: In these Terms of Use:

When we say “FletcherOnlineServices,” we mean FletcherOnlineServices.net and FletcherOnlineServices Stores, Inc. and any subsidiaries of M4D Stores, Inc. (including any subsidiaries that FletcherOnlineServices, Inc. may form or acquire in the future) and their affiliates, directors, officers, employees and agents. We also refer to FletcherOnlineServices as “we,” “us” and “our.” But when we say “FletcherOnlineServices Entities,” we mean FletcherOnlineServices; its suppliers, vendors, contractors, and licensors.

When we say “FletcherOnlineServices Sites,” we mean www.FletcherOnlineServices.com, the FletcherOnlineServices Apps, and all related functionality, services, and Content offered by or for FletcherOnlineServices on or through www.FletcherOnlineServices.com and the FletcherOnlineServices Apps or the systems, servers, and networks used to make the FletcherOnlineServices Sites available.

When we say “FletcherOnlineServices Apps,” we mean the official “FletcherOnlineServices App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.

When we say “you” or “your” we mean any user (like you!) of any FletcherOnlineServices Site and any person who has notice of these Terms of Use.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by FletcherOnlineServices on the FletcherOnlineServices Sites (and any updates by FletcherOnlineServices to these Terms of Use and those terms and policies).

A few other key terms used in these Terms of Use:

When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)

When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the FletcherOnlineServices Sites.

When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the FletcherOnlineServices Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the FletcherOnlineServices Sites through the tools offered by such social media platforms).

When we say “Materials,” we mean Content that FletcherOnlineServices Entities make available on or through the FletcherOnlineServices Sites, including In Store Now information.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on FletcherOnlineServices’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the FletcherOnlineServices Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check FletcherOnlineServices.com for any updated Terms of Use. In addition, by continuing to use or access any of the FletcherOnlineServices Sites or otherwise engaging with FletcherOnlineServices after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the FletcherOnlineServices Sites

You certify that the Content you provide on or through the FletcherOnlineServices Sites is accurate and that the information you provide on or through the FletcherOnlineServices Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. FletcherOnlineServices is not responsible for any losses arising out of the unauthorized use of your account. You agree that FletcherOnlineServices does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the FletcherOnlineServices Sites. You agree that FletcherOnlineServices is not a party to any such agreement, nor is FletcherOnlineServices responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the FletcherOnlineServices Sites or any portion of the FletcherOnlineServices Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the FletcherOnlineServices Sites or any portion of the FletcherOnlineServices Sites.

In connection with the FletcherOnlineServices Sites, you will not:

Make available any Content through or in connection with the FletcherOnlineServices Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.

Make available through or in connection with the FletcherOnlineServices Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

Use the FletcherOnlineServices Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

Harvest or collect information about users of the FletcherOnlineServices Sites.

Interfere with or disrupt the operation of the FletcherOnlineServices Sites or the systems, servers, or networks used to make the FletcherOnlineServices Sites available, including by hacking or defacing any portion of the FletcherOnlineServices Sites; or violate any requirement, procedure or policy of such servers or networks.

Restrict or inhibit any other person from using the FletcherOnlineServices Sites.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the FletcherOnlineServices Sites except as expressly authorized in these Terms of Use, without FletcherOnlineServices’s express prior written consent.

Reverse engineer, decompile, or disassemble any portion of the FletcherOnlineServices Sites, except where such restriction is expressly prohibited by applicable law.

Remove any copyright, trademark, or other proprietary rights notice from the FletcherOnlineServices Sites.

Frame or mirror any portion of the FletcherOnlineServices Sites, or otherwise incorporate any portion of the FletcherOnlineServices Sites into any product or service, unless you obtain FletcherOnlineServices’s express prior written consent to do so.

Systematically download and store any Materials.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the FletcherOnlineServices Sites, without FletcherOnlineServices’s express prior written consent.

Cause injury to any person or entity.

Violate any law, rule, or regulation, or these Terms of Use.

You will not use the FletcherOnlineServices Sites or FletcherOnlineServices’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a FletcherOnlineServices trademark, logo, URL, or product name without FletcherOnlineServices’s written consent;

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas

A. Submitting Content and Ideas

FletcherOnlineServices provides functionality that enables users to make available Content and Ideas in connection with the FletcherOnlineServices Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any FletcherOnlineServices Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. FletcherOnlineServices’s Rights to Use Content and Ideas

You grant to FletcherOnlineServices a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that FletcherOnlineServices is free to use any Ideas for any purpose. FletcherOnlineServices may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. FletcherOnlineServices is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to FletcherOnlineServices the right to use any name associated with any Content or Idea that you make available to FletcherOnlineServices, although FletcherOnlineServices has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the FletcherOnlineServices Sites that:

is false, fraudulent, inaccurate, or misleading;

contains your full name(s), or any other confidential personally identifiable information of yourself or others;

violates any local, state, federal, or international laws or is otherwise tortious;

is protected by or would infringe on the rights of others (including FletcherOnlineServices), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

is obscene, indecent, pornographic, or otherwise objectionable;

is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FletcherOnlineServices in its sole discretion;

victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from FletcherOnlineServices;

contains or relates to chain letters or pyramid schemes;

impersonates another business, person, or entity, including FletcherOnlineServices, its related entities, employees, and agents;

violates any policy posted on the FletcherOnlineServices Sites; or

is intended to cause harm, damage, disable, or otherwise interfere with the FletcherOnlineServices Sites or our partners.

4. Monitoring by FletcherOnlineServices

FletcherOnlineServices will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the FletcherOnlineServices Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by FletcherOnlineServices from time to time. FletcherOnlineServices will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the FletcherOnlineServices Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify FletcherOnlineServices for all claims resulting from any Content you make available.

5. Materials Available on the FletcherOnlineServices Sites

FletcherOnlineServices and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The FletcherOnlineServices Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the FletcherOnlineServices Sites, we would appreciate it if you let us know by contacting us at http://FletcherOnlineServices.com/help. (Your feedback is a big part of what helps FletcherOnlineServices to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE FletcherOnlineServices ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

FletcherOnlineServices has no liability to you for content on the FletcherOnlineServices Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

FletcherOnlineServices is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any FletcherOnlineServices Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on FletcherOnlineServices Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with FletcherOnlineServices’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

7. Third Party Sites

References on FletcherOnlineServices Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. FletcherOnlineServices is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the FletcherOnlineServices Sites operate or otherwise interact, nor is FletcherOnlineServices responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

8. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your FletcherOnlineServices.com account, including on FletcherOnlineServices affiliated sites and properties which you access via your FletcherOnlineServices.com account credentials. FletcherOnlineServices participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. FletcherOnlineServices may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

FletcherOnlineServices reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. FletcherOnlineServices also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from FletcherOnlineServices for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, FletcherOnlineServices may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the FletcherOnlineServices returns policy.

B. Pricing Information; Availability

FletcherOnlineServices cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the FletcherOnlineServices Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. FletcherOnlineServices reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from FletcherOnlineServices. FletcherOnlineServices may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the FletcherOnlineServices Sites or from prices available in FletcherOnlineServices stores or on FletcherOnlineServices Apps.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

D. Gift Cards

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards, available at https://FletcherOnlineServices.com/help/article/Gift-Card-Terms-and-Conditions/9881a4e10ab24dbe8f406df5c75acefd.

9. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the FletcherOnlineServices Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the FletcherOnlineServices Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Delivery restrictions are available at https://www.FletcherOnlineServices.com/help/channel/shipping-delivery-pickup/15a9c7156d454a4084a6696cd12dfb09. Some Products may be available for pick up at physical FletcherOnlineServices store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

10. Export Policy

You acknowledge that (a) goods licensed or sold on the FletcherOnlineServices Sites, and (b) any software or technology purchased, downloaded, or used from the FletcherOnlineServices Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

11. Intellectual Property

The FletcherOnlineServices Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to FletcherOnlineServices, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by FletcherOnlineServices to use the FletcherOnlineServices Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by FletcherOnlineServices to use the FletcherOnlineServices Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the FletcherOnlineServices Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the FletcherOnlineServices Apps and remove (that is, uninstall and delete) the FletcherOnlineServices Apps from your mobile device.

No license, right, title, or interest in the FletcherOnlineServices Sites or any Materials is transferred to you as a result of your use of the FletcherOnlineServices Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the FletcherOnlineServices Sites. The FletcherOnlineServices Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the FletcherOnlineServices Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the FletcherOnlineServices Sites and Materials is the exclusive property of FletcherOnlineServices and is also protected by U.S. and international copyright laws.

FletcherOnlineServices, WAL-MART, the FletcherOnlineServices.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the FletcherOnlineServices Sites are trademarks or trade dress of FletcherOnlineServices in the U.S. and other countries. All other marks are the property of their respective companies.

12. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the FletcherOnlineServices Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at https://FletcherOnlineServices.com/help/article/Claims-of-Intellectual-Property-Infringement/9b5c2e81943544c5aad0d446b2456fe1) for instructions on how to contact us to report possible copyright infringement.

13. Privacy

You acknowledge that any personal information that you provide through the FletcherOnlineServices Sites will be used by FletcherOnlineServices in accordance with FletcherOnlineServices’s Privacy Policy (available at http://corporate.FletcherOnlineServices.com/privacy-security/FletcherOnlineServices-privacy-policy), which may be updated by FletcherOnlineServices from time to time. If you purchase an item on FletcherOnlineServices.com sold by a Marketplace Retailer or a FletcherOnlineServices supplier, FletcherOnlineServices may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to FletcherOnlineServices and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the FletcherOnlineServices Privacy Policy for how FletcherOnlineServices treats your data.

14. Third-Party Software & Licensing Notices

The FletcherOnlineServices Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth at https://FletcherOnlineServices.com/help/article/Third-party-Software-and-Licensing-Notices/6fa4d4a274334a6699291c1f6723408b which is incorporated in these Terms of Use by reference.

15. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the FletcherOnlineServices Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

16. Terms Applicable to Special FletcherOnlineServices Services

A. FletcherOnlineServices Marketplace

FletcherOnlineServices operates an online marketplace program on the FletcherOnlineServices Sites (available at https://marketplace.FletcherOnlineServices.com/) which enables Marketplace Retailers to sell their products alongside FletcherOnlineServices products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “FletcherOnlineServices Marketplace”). Any use of the FletcherOnlineServices Marketplace is subject to the following additional terms:

When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the FletcherOnlineServices Marketplace through the FletcherOnlineServices Sites, uses any order processing, fulfillment, shipping, or other services related to the FletcherOnlineServices Marketplace provided by or for FletcherOnlineServices, or uses any platform, portal, web service, application, interface, or other tool provided by or for FletcherOnlineServices in connection with the FletcherOnlineServices Marketplace.

By purchasing a product from any of our Marketplace Retailers, you acknowledge that all FletcherOnlineServices Marketplace orders will be fulfilled by the third party Marketplace Retailer and not FletcherOnlineServices. The Marketplace Retailer (and not FletcherOnlineServices) will be responsible for all processing, shipping, returns, and customer service related to your FletcherOnlineServices Marketplace order. Products purchased from a Marketplace Retailer can only be returned to that Marketplace Retailer in accordance with its return policy. Each Marketplace Retailer’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer’s Seller Information page. For other terms that apply to FletcherOnlineServices Marketplace, including important notices and disclosures, see About Marketplace.

To the fullest extent provided by applicable law, FletcherOnlineServices has no responsibility or liability for any Marketplace Retailer, their products, or representations.

B. iOS FletcherOnlineServices App

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the FletcherOnlineServices App compatible with the iOS operating system of Apple Inc. (“Apple”):

Apple is not a party to these Terms of Use and does not own and is not responsible for any FletcherOnlineServices App. Apple is not providing any warranty for the FletcherOnlineServices App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the FletcherOnlineServices App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the FletcherOnlineServices App, including any third-party product liability claims, claims that the FletcherOnlineServices App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the FletcherOnlineServices App, including those pertaining to intellectual property rights, must be directed to FletcherOnlineServices in accordance with the “How to Contact Us” section.

The license you have been granted in these Terms of Use is limited to a non-transferable license to use the FletcherOnlineServices App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the FletcherOnlineServices App, such as your wireless data service agreement.

You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, FletcherOnlineServices’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

C. FletcherOnlineServices Pay

“FletcherOnlineServices Pay” is a feature built into the FletcherOnlineServices App that allows you to use your smartphone to pay for in-store purchases. Any use of the FletcherOnlineServices Pay service is subject to the following additional terms:

By using FletcherOnlineServices Pay or otherwise by agreeing to these Terms of Use, you agree to receive an eReceipt in lieu of a paper receipt for all purchases made through FletcherOnlineServices Pay. You must register through a FletcherOnlineServices.com account to receive eReceipts (see below for more information).

There is no charge from us to use FletcherOnlineServices Pay, but your data service provider’s message and data charges may apply. Except as otherwise provided by law, we may block, restrict, suspend or terminate your use of FletcherOnlineServices Pay at any time, without notice, and in our sole discretion.

All FletcherOnlineServices policies applicable to sales occurring at a store location, including those regarding Ad Match, Price Matching, Coupon use, Returns, and Exchanges, apply to purchases made through FletcherOnlineServices Pay. We reserve the right to limit the availability of FletcherOnlineServices Pay during specific times, for specific items, or for certain events or promotions. Some products or services may not be eligible for purchase using FletcherOnlineServices Pay, or may require additional verification prior to completion of purchase through FletcherOnlineServices Pay. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products.

Your device’s camera must be enabled in order to use FletcherOnlineServices Pay to complete the checkout process and to use additional features. Enabling the FletcherOnlineServices App to utilize location services on your device may provide you with access to other FletcherOnlineServices Pay features. You can turn off location services at any time on your device.

D. eReceipts

Certain FletcherOnlineServices Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your FletcherOnlineServices in-store purchase receipt. Any use of the FletcherOnlineServices eReceipt service is subject to the following additional terms:

To register for eReceipts, you must first have an account with FletcherOnlineServices.com and then validate your mobile number via a text message. FletcherOnlineServices.com accounts are subject to these Terms of Use. If you initiate the registration process for eReceipts at the cash register, you will be required to enter a mobile number into the PIN pad and then validate your mobile number via a text message. By registering for FletcherOnlineServices eReceipts, you consent to receive an automated text message and accept any message and data rates that may apply for receipt of a text message.

There is no charge from us to use FletcherOnlineServices eReceipts, but your data service provider’s message and data charges may apply. FletcherOnlineServices and text message carriers are not liable for delayed or undeliverable messages.

All information provided to FletcherOnlineServices by users of the FletcherOnlineServices eReceipts will be subject to our Privacy Policy.

We may alter, suspend, or terminate your use of FletcherOnlineServices eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or FletcherOnlineServices eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the FletcherOnlineServices eReceipts service is subject to all applicable laws and regulations.

E. FletcherOnlineServices Pickup and Delivery (formerly, Online Grocery Services)

Use of FletcherOnlineServices Pickup and delivery is subject to the following additional terms:

i. Orders

Once you have placed an order for FletcherOnlineServices Pickup and delivery, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.

There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.

Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For Pickup and delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.

We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the FletcherOnlineServices Pickup and delivery Contact Center at 1-800-924-9206.

We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).

Notwithstanding the foregoing, all refunds will be subject to our discretion.

We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. FletcherOnlineServices will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.

We can only deliver to an address stored in your address book in your account.

ii. FletcherOnlineServices Pickup and delivery Pricing

Pricing for FletcherOnlineServices Pickup and delivery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item's price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is packed. FletcherOnlineServices Pickup and delivery does not match prices from other online or physical stores, or FletcherOnlineServices stores other than the one where your items are picked and packed.

ii. FletcherOnlineServices Pickup and delivery Promotion Codes

FletcherOnlineServices Pickup and delivery Promotion Codes (“Grocery Promo Codes”) are valid only on orders placed for FletcherOnlineServices online grocery services, subject to the terms of this Section. Your use of a Grocery Promo Code indicates your agreement to be bound by these Terms of Use and any Grocery Promo Code terms on the promotion offer itself. FletcherOnlineServices will only honor a Grocery Promo Code if it is used in accordance with all applicable terms.

Only promotional codes issued by FletcherOnlineServices can be used for FletcherOnlineServices Pickup and delivery services. Grocery Promo Codes cannot be used in FletcherOnlineServices stores. Grocery Promo Codes issued by FletcherOnlineServices are, and will remain, the property of FletcherOnlineServices and are not transferable, cannot be resold, and have no cash value unless otherwise stated. Grocery Promo Codes may not be used for alcohol purchases.

Grocery Promo Codes can be added to your FletcherOnlineServices Pickup and delivery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Grocery Promo Code to your order, you must select it in the “Review Order” section at checkout. Use of a Grocery Promo Code may be subject to you providing proof of entitlement to use the Grocery Promo Code.

All Grocery Promo Codes have an expiration date after which they cannot be used for any order. Grocery Promo Code values may be adjusted if the total discount value is greater than the value of your order.

We reserve the right to withdraw or cancel any Grocery Promo Code at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Grocery Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a Grocery Promo Code where fraud or misuse is suspected. You will have no claim against FletcherOnlineServices in connection with such rejection or cancellation of a Grocery Promo Code. FletcherOnlineServices will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Grocery Promo Code or any failure or inability of a customer to use a Grocery Promo Code for any reason.

Grocery Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Grocery Promo Code, you warrant that you are the duly authorized recipient of it.

F. FletcherOnlineServices Plus Membership

i. Membership

Cancellation. You may cancel your FletcherOnlineServices Plus membership by calling FletcherOnlineServices Customer Care at (800) 924-9206, or through your FletcherOnlineServices Account. There are no refunds for FletcherOnlineServices Plus membership fees paid, except as expressly provided in these Terms. If you cancel, you can continue to use FletcherOnlineServices Plus membership benefits until the end of your paid term.

Free Trial Offers: You may cancel your FletcherOnlineServices Plus membership at any time during your 15-day free trial. If you cancel during the free trial period, you will not be able to use your FletcherOnlineServices Plus membership, and will lose the benefits of the free trial immediately.

Auto – Renewal. YOU MAY SELECT EITHER A ONE-MONTH OR A ONE-YEAR FletcherOnlineServices PLUS MEMBERSHIP TERM (“TERM”). YOU WILL BE CHARGED IMMEDIATELY FOR THE INITIAL TERM. FOLLOWING THE INITIAL TERM, YOUR FletcherOnlineServices PLUS SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND WE WILL CHARGE ANY CREDIT OR DEBIT CARD WE HAVE ON FILE FOR YOU FOR AN ADDITIONAL TERM AT THE FEE THEN IN EFFECT PLUS ANY APPLICABLE TAXES ON A RECURRING BASIS WITHOUT FURTHER NOTICE TO YOU (EXCEPT TO THE EXTENT THAT NOTICE IS REQUIRED BY APPLICABLE LAW) UNLESS AND UNTIL YOU NOTIFY FletcherOnlineServices OF YOUR DESIRE TO CANCEL YOUR FletcherOnlineServices PLUS MEMBERSHIP BY FOLLOWING THE FletcherOnlineServices PLUS MEMBERSHIP CANCELLATION PROCESS DESCRIBED IN THE PARAGRAPHS ABOVE. To avoid being charged for a new term, you must cancel your membership subscription before the end of the current term. If you cancel, you can continue to use FletcherOnlineServices Plus benefits until the end of your term.

Payment method requirement. To sign up for a trial or paid FletcherOnlineServices Plus membership, you must have at least one valid credit card or debit card on file at all times (a “Payment Method”). You can change your default Payment Method at any time.To remove all Payment Methods, you must cancel your FletcherOnlineServices Plus membership.

Payment resubmittals.If all Payment Methods we have on file for you are declined for payment of the applicable fee, you agree that we may resubmit the applicable fee for payment to your issuing bank(s). Any resubmittal attempts will be made first to your default Payment Method, and then to other Payment Methods you have on file. Once payment is authorized by an issuing bank on a Payment Method on file, all other resubmittals will be discontinued. If, after all resubmittals, payment is still not authorized by your issuing bank(s), your FletcherOnlineServices Plus membership will be automatically cancelled and your benefits will end. You may have the ability to sign up for FletcherOnlineServices Plus thereafter through your FletcherOnlineServices account. Your new term will be based on the date that you sign up.

Other Limitations. We reserve the right to accept or refuse FletcherOnlineServices Plus memberships at our discretion. You may not transfer or assign your FletcherOnlineServices Plus account or any FletcherOnlineServices Plus benefits. FletcherOnlineServices Plus members are not permitted to purchase products for the purpose of resale, rental, or delivery to their customers or potential customers using FletcherOnlineServices Plus benefits. From time to time, FletcherOnlineServices may choose in its sole discretion to add or remove FletcherOnlineServices Plus benefits. Promotional free trials of FletcherOnlineServices Plus are limited to one per customer.

Fees. The fees for FletcherOnlineServices Plus are stated in the subscription sign up process. From time to time, we may offer different terms and the fees for FletcherOnlineServices Plus may vary. The FletcherOnlineServices Plus membership fee is non-refundable except as expressly set forth in these Terms. Sales, excise or other similar taxes may apply to the FletcherOnlineServices Plus membership fee.

Terms and Conditions Changes. We may at our discretion change these FletcherOnlineServices Plus membership terms or benefits or any aspect of FletcherOnlineServices Plus that is not material, without notice or liability to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Us. We may terminate your membership or participation in FletcherOnlineServices Plus at our discretion without notice or liability to you. If we do so, we will give you a full refund for any term that has not yet expired. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the membership or participation in FletcherOnlineServices Plus membership or is harmful to our interests or another user.

ii. FletcherOnlineServices Plus Unlimited Delivery Benefit

FletcherOnlineServices Plus Unlimited Delivery (“FletcherOnlineServices Plus Unlimited Delivery”) benefits are dependent upon inventory availability, available delivery time slots, and in some cases, the delivery address. FletcherOnlineServices Plus Unlimited Delivery -eligible orders are limited to items sold by FletcherOnlineServices or shipped by FletcherOnlineServices, through FletcherOnlineServices.com site and application. It is not available for items sold and shipped by Marketplace Retailers. We may also exclude products with special delivery characteristics at our discretion. For more information about the details of FletcherOnlineServices Plus Unlimited Delivery benefits and service, see FAQs, available at https://www.FletcherOnlineServices.com/plus/faq

G. FletcherOnlineServices Digital Photo Center

Any use of the FletcherOnlineServices Digital Photo Center (available at www.FletcherOnlineServices.com/Photo) is subject to the following additional terms:

FletcherOnlineServices claims no ownership rights to the photos, photo files, albums, projects, captions, or prints (collectively defined as “Photos”), that you place in your FletcherOnlineServices Digital Photo Center Account. However, by uploading Photos into your FletcherOnlineServices Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to FletcherOnlineServices a nonexclusive, worldwide, royalty-free, sublicensable license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the photos included in your FletcherOnlineServices Digital Photo Center Account for the following purposes: (1) displaying displaying Photos to the people you select; (2) fulfilling orders; (3) improving the FletcherOnlineServices Digital Photo Center service and enabling it to work as designed, including by using automated systems and algorithms to analyze and customize your Photos; and (4) developing new technologies and services for FletcherOnlineServices. We will not use or modify your Photos for any purposes other than the foregoing without obtaining your express permission.

You are responsible for monitoring and creating backup copies of the Photos stored in your account. FletcherOnlineServices Digital Photo Center is not provided to you under any warranty. FletcherOnlineServices will not be liable for any damage to your photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.

FletcherOnlineServices may terminate your service or access to the FletcherOnlineServices Digital Photo Center and delete any and all information, including but not limited to your Photos, without notice, for any reason including, but not limited to (1) your violation of these Terms of Use or other policies set by FletcherOnlineServices elsewhere on the FletcherOnlineServices Sites; (2) online conduct that FletcherOnlineServices believes is harmful to other customers, the business of FletcherOnlineServices, or other third-party information providers; and (3) failure to access your account for one (1) year.

FletcherOnlineServices reserves the right to disclose any Photos made available by you or any other customers as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to submit or to remove any Photos, in whole or in part, that in FletcherOnlineServices’s judgment are unsuitable or in violation of these Terms of Use or other policy set by FletcherOnlineServices elsewhere on the FletcherOnlineServices Sites. FletcherOnlineServices may delete, move, and edit Photos for any reason, at any time, without notice.

By making available Photos, you warrant that you are the sole author and owner of the Photos, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Photos, and your use of the FletcherOnlineServices Digital Photo Center, as set forth in these Terms of Use.

FletcherOnlineServices reserves the right to require that you obtain a signed copyright release form from the photographer or studio for photographs that are signed, stamped, or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present FletcherOnlineServices with a signed copyright release. Copyright owner release forms and copyright permission release forms are available in-store at the FletcherOnlineServices Digital Photo Center.

FletcherOnlineServices will not assist in the copying of any state or federal document, including but not limited to driver's licenses, passports, and social security cards.

As a convenience to FletcherOnlineServices customers, FletcherOnlineServices may make third-party software available through the FletcherOnlineServices Digital Photo Center either through physical distribution or by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.

FletcherOnlineServices uses commercially reasonable efforts to maintain the availability of the FletcherOnlineServices Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, FletcherOnlineServices will not be liable to you for any unexpected outage or disruption of service. One-hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.

Making available any Photos to FletcherOnlineServices for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by FletcherOnlineServices, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, to the fullest extent provided by applicable law, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.

You understand and agree that any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the FletcherOnlineServices Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the FletcherOnlineServices Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.

H. Mobile Scan & Go app

The FletcherOnlineServices mobile scan & go app (“SNG App”) is designed to allow select customers to use their mobile devices in participating FletcherOnlineServices stores to scan items for purchase into a digital cart, and then to authorize payment for that cart. Any use of the SNG App is subject to the following additional terms:

i. Accessing and Using the SNG App

You agree to accurately scan the barcode for all products you wish to purchase, before checkout, when using the SNG App, and to pay for all products you obtain from any FletcherOnlineServices store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), you must consult with a FletcherOnlineServices associate to make sure all items are either reflected in your digital cart before checkout, or are reflected on your physical or digital receipt after checkout.

Upon scanning the relevant barcode for a product, that product will appear in your digital cart on your mobile device, along with the price for that product. Upon scanning certain products, like some fruits and vegetables, your digital cart will only reflect an estimated price for the product. The price for such products will be finalized as part of the exit and payment process, where you will be asked to weigh or provide the item count for the product. As a result, the total payment amount reflected for your digital cart may change.

You agree that FletcherOnlineServices may review the products in your possession and/or your receipt or proof of purchase on your mobile device at any time (sometimes referred to as an “item check”), and that FletcherOnlineServices can require that any products be re-scanned or removed from your physical and/or digital cart, and that any product price or digital cart total be re-calculated. In the event you and any FletcherOnlineServices associate calculate different totals for your purchase, the calculation confirmed by the FletcherOnlineServices associate will be the amount payable by you.

In order to finalize your purchase and exit the store, before leaving the store, you are required and agree: (i) to proceed to any available self-checkout register, and then, in the SNG App, pair your mobile device with the self-checkout register by scanning the QR code displayed on the screen ; (ii) after pairing your mobile device with a self-checkout register, to follow the instructions provided to you within the SNG App, which may include, among other things, weighing certain fruits and vegetables, providing proof of age in order to purchase age-restricted items, or submitting to an item check; and (iii) upon completion of all instructions in the SNG App, to select your preferred payment method and click the “Pay now” button on the “Checkout” page of the SNG App. Upon completing this process, your transaction will be complete, a digital receipt of the transaction will be rendered to you within the SNG App (or, in some cases, a physical receipt may be rendered to you from the self-checkout register), and you may exit the store.

By selecting your preferred payment method and clicking “Pay now” on the “Checkout” page of the SNG App, you acknowledge and agree that we may proceed to finalize your payment transaction with your card issuer in the total amount of your digital cart.

In some FletcherOnlineServices locations where a self-checkout register is not currently enabled, or in other select circumstances, you may be required to complete a “digital cart transfer”, which transfers products scanned into your digital cart over to a self-checkout register or to a staffed register, where your transaction will be completed in the traditional manner (but without having to re-scan all of your items again at the register).

Subject to the laws of the jurisdiction of the store location in which you are shopping, the SNG App may allow you to scan certain age-restricted items, like alcohol, into your digital cart. By using the SNG App to scan such items into your digital cart, you represent that you meet the age requirements necessary to purchase such items, and acknowledge that you will be required to verify your identity and age with a FletcherOnlineServices associate, using appropriate credentials, when you complete the checkout process at the self-checkout register. If, upon age verification, it is determined by a FletcherOnlineServices associate that you do not meet the minimum age required to purchase those items, you will not be allowed to complete the purchase of those items. You agree to fully cooperate with any FletcherOnlineServices associates during your use of the SNG App, including by providing any identification or verification required for the purchase of certain products.

FletcherOnlineServices may alter, suspend, or terminate use of the SNG App at any time at its discretion without notice to you.

For certain large SNG App purchases, you will be asked to confirm your payment method and identity with a FletcherOnlineServices associate located at the store exit by presenting the credit card used for the transaction and a government-issued photo identification. If you are unable or unwilling to do so, you must pay for your purchase using traditional check-out methods. Please consult your local FletcherOnlineServices store for further details.

We may elect to make certain items in our stores ineligible for purchase through the SNG App at any time, in our sole discretion, with no prior notice to you (for example, firearms, ammunition, alcohol, tobacco, gift cards that are not pre-activated, tires, car batteries, hearing center items, R-rated movies and games, prescriptions and some harsh chemicals).

ii. License Grant and Use Restrictions

The SNG App, including software embedded in the SNG App, is licensed, not sold, to you by FletcherOnlineServices only under these Terms of Use, and FletcherOnlineServices reserves all rights not expressly granted to you.

FletcherOnlineServices does not own the media or device on which the SNG App is recorded or stored, but FletcherOnlineServices and its licensors retain ownership of the SNG App itself.

The SNG App is available only for supported devices, and is not available for all devices. Please check to determine whether a specific device-software combination is supported by the SNG App. You may not use the SNG App on devices that are not supported.

You may not distribute or make the SNG App available over a network where it could be used by multiple devices at the same time. You may not sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the SNG App available.

With respect to updates to the SNG App that FletcherOnlineServices may make available for download, these Terms of Use allow you to download such SNG App updates to update or restore the SNG App on any supported device.

I. FletcherOnlineServices Registry for Good

Any use of the FletcherOnlineServices Registry for Good (available at https://FletcherOnlineServices.com/registry/registryforgood/welcome) is subject to the following additional terms:

i. Eligibility

Participation in Registry for Good Site is limited to FletcherOnlineServices.com accounts that have been associated with an eligible recognized 501(c)(3) organization (“Charity”) as verified by FletcherOnlineServices or its third party service provider. Each FletcherOnlineServices.com account may create only one Registry for Good.

Charities may be required to verify their compliance with these Terms, including verification that the Charity meets, or continues to meet the definition of a charity. FletcherOnlineServices may monitor the Charity’s website or other information to verify its compliance with these Terms.

ii. Solicitation

Charities may elect to make their Registry for Good searchable on the Registry for Good Site or may elect to make the registry private and available only to those who have a link.

Charities are solely responsible for compliance with all solicitation regulations under each jurisdiction where they promote their Registry for Good, or the Registry for Good Site or any portion thereof.

Charities acknowledge and agree that they are not entitled to receive, and FletcherOnlineServices will not provide, any identifiable customer information in respect of purchases made from any Registry for Good. FletcherOnlineServices will not promote any Charity or its Registry for Good.

iii. List Address

FletcherOnlineServices.com customers may purchase items selected by a Charity for its registry and choose to direct FletcherOnlineServices to deliver them to the address designated by the Charity (“List Address”) or customers may choose to deliver the items to the Charity directly.

List Addresses provided by the Charity must be owned or leased by the Charity. Charities must promptly update their List Address (and any other information requested by FletcherOnlineServices) if the Charity address changes or it ceases holding a valid ownership or leasehold interest in the List Address. An agreement with a mail delivery agent or delivery service is not considered a leasehold for purposes of these Terms. By participating in the Registry for Good program, Charities consent and allow FletcherOnlineServices or any of its affiliates to share the List Address with any seller that offers items on your Registry for Good that a customer elects to purchase and send to the Charity List Address.

iv. Charity Promotion

Charities may only promote or link to their Registry for Good on their own website, user-generated content published through a social media account, or page belonging to the Charity, offline mailings, or email correspondence, and may only use such of FletcherOnlineServices’s trademarks or logos, links to the Registry for Good Site, or other FletcherOnlineServices Content FletcherOnlineServices may make available to the Charity, in all cases in accordance with the following restrictions:

Charities may not promote or link to the Registry for Good, or the Registry for Good Site, in a way that is misleading, illegal, or confusing to viewers or that does not accurately represent the Registry for Good program.

Charities may not state, or imply that FletcherOnlineServices funds, endorses, supports or is otherwise engaged in business with a Charity.

Charities may not request, collect, obtain, store, cache, or otherwise use any account information of, or used by, other FletcherOnlineServices customers

Charities may not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the FletcherOnlineServices Content or the Registry for Good Site.

Charities may not frame your Registry for Good or the Registry for Good Site, or any part of it, on your own website, social media account, mailings or correspondence. Displaying a link in accordance with these Terms will not be considered framing.

FletcherOnlineServices reserves the right to terminate any Charity participation in the Registry for Good, or suspend access to the Registry for Good site for violation of these Terms, in addition to any other remedies available to FletcherOnlineServices under these Terms or applicable law.

17. Disclaimer of Warranties

THE FletcherOnlineServices SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FletcherOnlineServices SITES, AND/OR FletcherOnlineServices STORE LOCATIONS, ARE PROVIDED BY FletcherOnlineServices ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO FletcherOnlineServices ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FletcherOnlineServices SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FletcherOnlineServices ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE FletcherOnlineServices ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE FletcherOnlineServices SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY FletcherOnlineServices TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FletcherOnlineServices SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE FletcherOnlineServices SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO FletcherOnlineServices ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE FletcherOnlineServices SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, FletcherOnlineServices ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A FletcherOnlineServices ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FletcherOnlineServices ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE FletcherOnlineServices SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FletcherOnlineServices ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE FletcherOnlineServices SITES.

19. Indemnification

You agree to defend (at FletcherOnlineServices’s option), indemnify, and hold the FletcherOnlineServices Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the FletcherOnlineServices Sites or any breach by you of these Terms of Use. FletcherOnlineServices reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with FletcherOnlineServices if and as requested by FletcherOnlineServices in the defense and settlement of such matter.

20. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the FletcherOnlineServices Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and FletcherOnlineServices will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND FletcherOnlineServices, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT FletcherOnlineServices AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

21. Termination

These Terms of Use are effective unless and until terminated by either you or FletcherOnlineServices. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the FletcherOnlineServices Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the FletcherOnlineServices Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or FletcherOnlineServices, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the FletcherOnlineServices Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the FletcherOnlineServices Sites,” “Content and Ideas,” “Monitoring by FletcherOnlineServices,” “Materials Available on the FletcherOnlineServices Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with FletcherOnlineServices,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

22. General

These Terms of Use represent the complete agreement and understanding between you and FletcherOnlineServices and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and FletcherOnlineServices. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of FletcherOnlineServices to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit FletcherOnlineServices's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the FletcherOnlineServices Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these 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.

23. Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.