Terms

Last Revised: April 28, 2023

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and re_ grocery Inc. (“re_,” “we,” or “us”) with respect to your use of www.regrocery.co (the “Site”), and the services available on the Site (collectively, the “Offerings”), including any Content (as defined in Section 2 below). By accessing or using the OFFERINGS in any manner (whether automated or otherwise), you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE OFFERINGS.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR THE OFFERINGS, THESE TERMS OF USE AND/OR OUR PRIVACY POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 13(ARBITRATION AGREEMENT) BELOW.

THESE TERMS OF USE ALSO INCLUDE A JURY TRIAL WAIVER.

Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective 15 days after posting for current users and immediately for new users, and apply to all access to and use of the Offerings thereafter. Your continued use of the Offerings following the posting of revised Terms of Use means that you accept and agree to the changes.
Scope of and Restrictions on Use. Subject to these Terms of Use, re_ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Offerings for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Offerings (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of re_. You agree not to:
1. collect information from the Offerings using an automated software tool or manually on a mass basis;
2. use automated means to access the Offerings, or gain unauthorized access to the Offerings or to any account or computer system connected to the Offerings;
3. obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
4. “flood” the Offerings with requests or otherwise overburden, disrupt, or harm the Offerings or our systems;
5. restrict or inhibit other users from accessing or using the Offerings;
6. modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
7. access or use the Offerings or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
Ownership. The Offerings (including the Content) are owned by re_ and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of re_ and its licensors. You acknowledge and agree that, as between you and re_, re_ is and shall remain the sole owner of the Offerings and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security. Access to and use of certain Offerings may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your parents or legal guardians who have rights to access and manage your account if you are a minor. If you are a parent or legal guardian, you may permit your child to use the account instead of you, however you are liable for the activities of your child. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify re_ of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
Electronic Communications. The communications between you and re_ via the Offerings use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Online Purchases and Other Terms and Conditions. Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Offerings are incorporated into these Terms of Use. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such terms and conditions.
Privacy Policy. You acknowledge and agree that all information collected by re_ is subject to our Privacy Policy. By using the Offerings, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
Sweepstakes, Contests, and Games.In addition to these Terms of Use, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Offerings may have specific rules that are different from these Terms of Use. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms of Use and Promotion rules, Promotion rules will control.
Change and Suspension.
1. Changes to the Offerings. re_ reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Offerings or any portion thereof (including any Content) at any time. You agree that re_ will not be liable to you or to any third party for any such change, suspension, or discontinuance.
2. Suspension/Termination of Access. re_ has the right to deny access to, and to suspend or terminate your access to, the Offerings or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use.In the event that we suspend or terminate your access to the Offerings, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Disclaimer; Limitation of Liability.
1. Disclaimer of Warranties. THE OFFERINGS AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND RE_ HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER RE_ NOR ANY PERSON ASSOCIATED WITH RE_ MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE OFFERINGS OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER RE_ NOR ANYONE ASSOCIATED WITH RE_ REPRESENTS OR WARRANTS THAT THE OFFERINGS OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE OFFERINGS, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OFFERINGS OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
2. Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL RE_ OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE OFFERINGS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 10.2, RE_ IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL RE_’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RE_ IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE OFFERINGS IS AT YOUR SOLE RISK.
3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.
Indemnification. You agree to indemnify, defend, and hold re_ and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Offerings and/or any Content, or any violation of these Terms of Use or applicable law.
Third Party Materials. The Offerings may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that re_ is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. re_ does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
ARBITRATION AGREEMENT.PLEASE READ THIS SECTION CAREFULLY.IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
1. Dispute Resolution.YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE OFFERINGS AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND RE_ REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:
  1. You may assert claims in your local small claims court if its rules permit it;
  2. Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court; and
  3. In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in Los Angeles, California, and we both consent to the jurisdiction of and venue in those courts for such purposes.We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  4. This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
2. Prohibition of Class Actions and Non-Individualized Relief.ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then all of Section 13, other than subsection 13.8, will be null and void and neither of us will be entitled to arbitrate our dispute.
3. Arbitration Rules.The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement.The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879.The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would.The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or re_ requests one.The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
4. Demand for Arbitration.A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must:(1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for re_, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants.The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 13.7) and the then current filing fee required by the AAA.The Demand must be sent to the AAA at the following address: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. Alternatively, the Demand may be filed with the AAA online using :AAA WebFile: https://www.adr.org.Any Demand to re_ should be addressed to:5046 York Blvd, Los Angeles, CA 90042.
5. Filing, Administration and Arbitrator Fees.Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Section 13.If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, but not your attorneys’ fees.Any request for payment of filing, administration, and arbitrator fees by re_ should be submitted by mail to the AAA along with your Demand and re_ will make arrangements to pay all such necessary fees directly to the AAA.In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by re_ on your behalf that you otherwise would be obligated to pay under the AAA Rules.
6. OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 13, YOU MUST NOTIFY RE_ IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME.YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO RE_ AT THE ADDRESS SET FORTH IN SUBSECTION 13.4. YOUR WRITTEN NOTIFICATION TO RE_ MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AND RE_ ACCOUNT NUMBERAS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH RE_ THROUGH ARBITRATION.IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 13, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY, INCLUDING SECTION 13.8, BELOW.
7. Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 13 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against re_ prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and re_. We will notify you of amendments to the arbitration provisions of this Section 13 by posting the amended terms on the Site, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may cancel your Offerings and close your account with re_ within the 30-day period and you will not be bound by the amended terms.
8. JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RE_ EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
Miscellaneous.
1. Geographic Restrictions.re_ is based in the State of California in the United States. We make no claims that the Offerings or the Content are accessible or appropriate outside of the United States. Access to and use of the Offerings may not be legal by certain persons or in certain countries. If you access the Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
2. Governing Law; Jurisdiction and Venue.These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of California.
3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE OFFERINGS (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
4. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
5. Entire Agreement. These Terms of Use, including our Privacy Policy, Rewards Policy, and Returns Policy constitute the sole and entire agreement between you and re_ with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Offerings or these Terms of Use, please call us at 323-313-6381, email us at hello@regrocery.co, or write to us at 5046 York Blvd, Los Angeles, CA 90042.