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Legal Notice Please Read
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BY ACCESSING THIS WEB SITE, THE VIEWER ACKNOWLEDGES AND AGREES TO THE FOLLOWING:
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The following terms and conditions ("Agreement") apply to the Meijer.com web site ("Site"), excluding that portion of the Site designated as MyPhotoAlbum.Meijer.com which is subject to its own terms and conditions.
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The name “Meijer” as used throughout this Web Site (“Site”) means the following: Meijer, Meijer Distribution, Inc., and Meijer Great Lakes Limited Partnership and their respective partners, officers, employees, directors, shareholders, agents, and assigns. The name “Viewer” as used herein means any person who has viewed or accessed this Site; or participated in any online contest or promotion described on this Site; and the Viewer’s successors, legal representatives, and assigns.
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The entire content of this Site is copyrighted under United States law and protected by international copyright law and treaties. No part of this Site may be distributed, reproduced, transmitted or exchanged, except that a Viewer may make one printed or electronic copy of all or part of this Site for personal off-line viewing if the content is not deleted, modified or changed in any way. No license is granted by allowing Viewers to make one copy of this Site or a portion thereof.
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All correspondence and submissions to Meijer via the electronic mail feature of this Site become Meijer's sole property, free and clear of any interest of the person(s) who created or transmitted the material. Meijer may use any such material for any purpose without any obligation to compensate the person(s) who created or transmitted it.
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UNLESS OTHERWISE SPECIFICALLY PROVIDED, NOTHING ON THIS SITE SHALL BE CONSTRUED TO CREATE A CONTRACT FOR THE SALE OF GOODS OR SERVICES BETWEEN MEIJER AND THE VIEWER. IF A LEGAL AUTHORITY EVER DECIDES OTHERWISE, MEIJER SHALL HAVE NO OBLIGATION, WHATSOEVER, TO COMPENSATE THE OTHER PARTY TO THE CONTRACT FOR SUCH PARTY'S INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM MEIJER'S BREACH OF CONTRACT OR ITS NEGLIGENCE, EVEN IF MEIJER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, MEIJER'S SOLE LIABILITY FOR ANY PROVEN DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FIFTY (US $50.00) DOLLARS.
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Viewer agrees that any dispute (“Dispute”) with Meijer shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”) and conducted under its rules, except as otherwise provided below. For the purposes of this Paragraph, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to this Agreement, its interpretation, or the breach, termination, applicability or validity thereof. The arbitration will be conducted before a single arbitrator, and will be limitedsolely to the Dispute between Viewer and Meijer. The arbitration shall be held by submission of documents, by telephone, online or in person. Any decision rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including actual attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolutionprovision. Viewer understands that he would have had a right to litigate disputes through a court, and that Viewer has expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. This arbitration agreement shall be governed by the Michigan Arbitration Act, MCLA Section 600.5001, et seq. Information may be obtained from the NAF on-line at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.
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Meijer accepts no responsibility for the content or accuracy of Web sites which may be linked to this Site.
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The foregoing terms and conditions shall be construed under Michigan law and where applicable, the law of the United States of America. If any part of these terms and conditions is deemed void, unlawful, or unenforceable, that part shall be deemed severable and shall not affect the validity of the other provisions.
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Meijer reserves the right to terminate this Agreement for any reason, without cause and without notice. A Viewer may terminate this Agreement by deleting or destroying all materials obtained from this Site, including material which was obtained for off-line viewing. Meijer also reserves the right to revise these terms and conditions at any time and for any reason.
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Meijer is a licensee of U.S. Patent Nos. 5,218,752; 5,227,874; and 5,249,044 from Response Reward Systems, LC, under a Patent License Agreement dated September 26, 2002.
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