Terms and Agreement  

The terms MyKosherMarket.com and www.MyKosherMarket.com and My Kosher Market are all used as the same and are all directly related. This Agreement (the "Agreement") is a legal agreement between you and My Kosher Market that states the terms and conditions under which you may receive the My Kosher Market service and use the My Kosher Market web site. If you use the My Kosher Market service or My Kosher Market web site, you agree to these terms and conditions. 

 

  1. My Kosher Market Delivery Service and Web site. The My Kosher Market service is a transaction, information and communication service available to authorized users ("customers") who access the My Kosher Market web site. My Kosher Market currently provides an online grocery shopping (UPS)  and local delivery service, and may in the future provide additional shopping and related services.

     

    1. Grocery Shopping and Delivery Service. My Kosher Markets' employees, agents or designees will shop and deliver grocery orders placed with My Kosher Market. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of delivery (local deliveries) or before your order leaves our warehouse if outside of South Florida. You are responsible for ensuring that someone is present at the delivery address at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If My Kosher Market cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the My Kosher Market, you may return it and it will be credited against your next My Kosher Market order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the product is more. My Kosher Markets' liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.

      In some areas, you may choose to receive your My Kosher Markets order as an unattended delivery, and your order will be left unattended at your door or other place you designate. My Kosher Markets may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. My Kosher Market is not responsible, and you agree not to hold My Kosher Market or its employees responsible, for any damage or theft that occurs to an unattended delivery. My Kosher Market reserves the right to refuse to leave an order unattended if the My Kosher Market Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

       

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

     

  2. Property Rights - My Kosher Market  is not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of My Kosher Market  2007. ALL RIGHTS RESERVED, or its content providers. My Kosher Market authorizes you to view, electronically copy and to print in hard copy portions of My Kosher Market for the sole purpose of placing an order with My Kosher Market, Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on My Kosher Market, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of My Kosher Market is strictly prohibited. My Kosher Market reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from My Kosher Market.

     

    1. Trademarks: All My Kosher Market logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of My Kosher Market or otherwise proprietary to My Kosher Market and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on My Kosher Market are the property of their respective owners.

     

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

     

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

     

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

     

  6. Termination. My Kosher Market may suspend or terminate your access to the My Kosher Market service at any time for any reason with or without notice to you. You may terminate your My Kosher Market service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your My Kosher Market Service for any reason, you will not be entitled to a refund of any fees. My Kosher Market reserves the right to collect fees and charges incurred before you cancel your My Kosher Market Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

     

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

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

    The material on My Kosher Market is provided for lawful purposes only. My Kosher Market controls and operates My Kosher Market from its headquarters in North Miami Beach, FL, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use My Kosher Market from other locations, you are responsible for compliance with applicable local laws.

     

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

     

  9. Legal and Miscellaneous

     

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

       

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

       

    3. This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with My Kosher Market or its Associates or relating in any way to your use of the My Kosher Market or www.MyKosherMarket.com resides in the courts of Florida, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Florida in connection with any such dispute.

       

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

       

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

     

  10. Notices:  My Kosher Market may give notice to you of a change in this Agreement, a change in the My Kosher Market Fee Schedule, and any other matter by general posting on My Kosher Market, by electronic mail. You may give notice to My Kosher Market by telephone (1-305-949-6068), by electronic mail visit Contact Us page.

 

 

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