Welcome to www.168markets.com. This website (“Site”) is provided by Tawa Supermarket, Inc., DBA 168 Market, together with its affiliates and subsidiaries (collectively as “168 Market”) as a service to our customers. The Site includes, without limitation, services and information of general interests to its customers, such as products, program, pricing, marketing and other valuable information and contents such as data, text, images, photographs, graphics, designs, icons, video clips, programs, messages or other materials (“Contents”).
1. INTELLECTUAL PROPERTY
Unless otherwise noted, any and all Contents posted on the Site are protected by United States and international copyright, trademark and other laws, and belongs to 168 Market, or its partners, contributors, or third parties. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of 168 Market and is also protected by U.S. and international copyright laws. In addition, the names, images, pictures, logos and icons identifying 168 Market’s products and services are proprietary marks of 168 Market. All other marks are the property of their respective companies. Except as expressly provided below, access to this Site does not confer and shall not be considered as conferring upon anyone any license or right, by implication, estoppels or otherwise, under any of 168 Market’s or any third party’s copyright, trademark or other intellectual property rights.
168 Market grants you a personal, non-exclusive, non-transferable, limited license to view and use the Site and the Contents, and to download, copy, print and/or store insignificant portions of the Contents retrieved from this Site provided, however, that you (a) use only for your own personal, non-commercial purposes; (b) do not copy or post the Contents on any network computer or transmit, distribute, publish or broadcast the Contents in any media; and (c) do not modify or alter the Contents in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Contents, materials or software is transferred to you as a result of this license. You may not reproduce (except as expressly provided 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 Contents, the Site or any related software, without the express written permission of 168 Market. All software used on this site is the property of 168 Market or its suppliers and protected by U.S. and international copyright laws. 168 Market reserves complete title and full intellectual property rights in any Contents you download from the Site, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.
You may not mirror or frame the home page or any other pages of this Site on any other web site or web page, You may not connect “deep links” to the Site, or in other words, create links to this Site that bypass the home page or other parts of the Site. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
2.1. Third Party Sites
2.2. Downloading Files
168 Market cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Site and the service and the accuracy of the Contents shall be borne solely by you.
2.3. 168 Market Services and Programs
168 Market may make changes and/or improvements in the scope of services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain services and/or programs may not be available in your location. References to those services and/or programs do not imply that 168 Market intends to offer them in your location. 168 Market controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations. Restrictions may apply, please see store for details.
2.4 Product Availability
The availability of certain products shown on Site may be limited and may not always be available in our store for immediate purchases. All specials and promotions are of limited quantities, while supplies last. No rain checks will be issued to customers. Product availability may vary by store. Restrictions may apply, please see store for details.
2.5. Product Information
While 168 Market strives to provide accurate product and pricing information on the Site, pricing or typographical errors may occur. Prices and availability of products in our stores are subject to change without notice. Any nutritional information or other information on the Site about products is provided by 168 Market “AS IS”, and 168 Market makes no warranties about the accuracy or completeness of that information. If you rely on that information, you do so at your own risk. If you have any questions about a product, you should contact the manufacturer directly.
2.6. Health Information
168 Market may provide health-related information on the site. That information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, change in health, or following any treatment or regiment. Only your physician can provide you with advice on what is safe and effective for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. 168 Market does not endorse or recommend any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Your reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
2.7. Nutritional Information
168 Market may provide nutritional information about recipes on the Site. That information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutritional information significantly. 168 Market does not warrant the recipes contained on the Site or the results of preparing the recipes.
2.8. Food Safety Information
168 Market may provide information about safe food handling and preparation methods for informational purposes only. The information is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
2.9. Promotional Offers
From time to time, the Site may provide information about promotional offers that 168 Market sponsors, alone or in connection with others. It is not always possible to include all the details concerning such promotional programs on the Site. Detailed information about such programs will be available at your participating 168 Market locations and 168 Market encourages you to review this information before participating in any promotional programs. Promotional offers are subject to local law and are void where prohibited.
2.10. International Use
168 Market makes no representation that the Contents are applicable or appropriate for use in locations outside the USA. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
3. RIGHT TO CHANGE SITE AND THESE TERMS AND CONDITIONS
5. DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY 168 MARKET ON AN “AS IS” AND “AS AVAILABLE” BASIS. 168 MARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENTS, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 168 MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, THE CONTENTS, OR THE PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. 168 MARKET DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. 168 MARKET DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS, OR THAT ANY ERRORS IN THE CONTENTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
6. LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall 168 MARKET AND ANY OF ITS employee, director, officer, SUBCONTRACTOR, agent, vendor, supplier, SUCCESSOR, OR ASSIGN be liable to you or to any other person for any DIRECT, indirect, special, incidental, consequential, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER damages of any KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, arising out of or in connection with (a) the use of or inability to use the site, THE SERVICE and/OR THE CONTENTS; (b) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the contents; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or the service; (e) or any other matter relating to the site, the service, or the contents, even if 168 Market has been advised of the possibility of such damages. If you are dissatisfied with the site, the contents, the service, or the agreement, your sole and exclusive remedy is to discontinue using the site. You acknowledge by your use of the site that your use of the site is at your own risk. Because some jurisdictions do not allow the exclusion or limitation for damages, some of the above limitations may not apply to you. In such jurisdictions, 168 Market’s liability is limited and warranties are excluded to the greatest extent permitted by law, but 168 Market’s liability, in no event, shall exceed $100.00 USD (one hundred dollars).
You understand and agree that you are personally responsible for your behavior on the Site. You agree to defend, indemnify and hold harmless 168 Market, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the service from and against any and all claims, losses, damages, costs and expenses (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, arising from or related in any way to your use, misuse, or inability to use the Site or the Contents, or any violation by you of this Agreement.
9. USER CONDUCT
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) rendering the Site inaccessible to others and/or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” ”spamming,” “mail bombing” or “crashing;” (d) imposing an abnormal or unreasonable burden on the hardware or software infrastructure for the Site; (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (g) otherwise causing damage to the Site or the Contents. Violations of system or network security may result in civil or criminal liability. 168 Market will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Mozilla Firefox, Safari, Google Chrome, Opera).
10. CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to 168 Market, you are communicating with 168 Market electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site. Any communication or other information sent to 168 Market via email or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by 168 Market for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to 168 Market.
11. USER SUPPLIED INFORMATION
168 Market may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, “submit”), including but not limited to, messages, text, files, graphics, photos, illustrations, personal stories, reviews, comments, feedback, suggestions, ideas, sounds, music, videos, information, content, or other materials (“User Content”). All User Content submitted to 168 Market on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain 168 Market’s property. By disclosing, submitting or posting any User Content to the Site, you automatically grant 168 Market the royalty-free, irrevocable, perpetual, worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. 168 Market will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. 168 Market will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose, in any manner, in whole or in part, without restriction or responsibilities to you. 168 Market has the right, but not the obligation, to screen User Content submitted or posted to the Site by third parties, and to remove or edit any such materials for any reason and without notice.
168 Market is and shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay to user any compensation for any User Content; or (c) to respond to any User Content. If you submit any User Content to the Site, you guarantee that you have the legal right to submit such User Content and that any User Content submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Site will be or contain materials that (i) are defamatory, abusive or obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (ii) encourage unlawful, tortuous, or unsafe conduct; (iii) advertise goods or services; (iv) solicit funds; (v) advocate for any political candidate or position; or (vi) are chain letters, mass mailings or any form of “spam”.
12.1. Entire Agreement/ No Waiver
This Agreement constitutes the complete and entire agreement between the parties and supersedes all prior agreements and representations between them. The failure of 168 Market to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit 168 Market’s rights with respect to such breach or any subsequent breaches.
12.2. Correction of Errors and Inaccuracies
The Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. 168 Market therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Contents at any time without prior notice. 168 Market does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
12.3. Enforcement; Choice of Law
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, it will not affect any other provision of the Agreement, all of which will remain in full force and effect. This Agreement shall be governed by and construed under California law, USA, without any regard to any conflict-of-laws provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of California, and jurisdiction therefore shall rest solely in California, USA. In the event of any action, suit, or proceeding arising from or based upon your use of this site, brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.
Last updated: November 21, 2014