Terms and Conditions | Pontiac Street

Pontiac Street Market

Last Revised: September 2023

Disclaimer

IMPORTANT- THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

THE TERMS AND CONDITIONS OF THESE TERMS OF USE (THE “Terms”) SET FORTH BELOW GOVERN YOUR USE OF THE PONTIAC STREET MARKET WEBSITE AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE “PLATFORM”) AND E-COMMERCE AND OTHER SERVICES AVAILABLE ON AND THROUGH THE PLATFORM (THE “SERVICES”). THIS TERMS IS A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND PONTIAC STREET MARKET AND GOVERN YOUR ACCESS TO, AND USE OF, THE PLATFORM AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS TERMS, DO NOT ACCESS OR OTHERWISE USE THIS PLATFORM OR THE SERVICES, OR ANY INFORMATION ON OR RELATED TO THIS PLATFORM OR THE SERVICES. BY CLICKING THE BOX TO USE THE PLATFORM OR THE SERVICES OR USING THIS PLATFORM OR THE SERVICES, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Overview

Read these Terms of Use carefully and comply with them carefully. By accessing and/or using this website and/or our mobile applications the users agree to be bound by these Terms of Use and all terms incorporated by reference. Please, do not use this website and/or our mobile applications, online services if you do not agree to all of these terms.

This Terms of Use regulates legal transactions between Pontiac Street Market , located at 283 81st Avenue, Merrillville, IN 46410, and you.

This Terms of Use governs relationship between Pontiac Street Market ’s and you. To the extent stated below, this Terms of Use also governs each party’s relationship with other parties with whom those parties transact utilizing the Services, and all such parties remain free to have additional Terms and terms between themselves as they may agree in writing, provided that no such additional terms shall be interpreted to conflict with or supersede this Terms with respect to Pontiac Street Market specifically.

Pontiac Street Market provides online and mobile technology that connects Customers, Stores, and Delivery Persons. Using the Platform and Services, Customers place purchase orders for grocery products that are available to purchase online on the Platform. Items purchased online are available for pickup or delivery.

If you submit orders through a third-party site or application, such as GrubHub or DoorDash, you may be required to have an account with such third party and may be transferred to such third party’s website or application to complete transactions. Any orders submitted through such third-party sites or applications are solely between you and the applicable third party, not Pontiac Street Market . This Terms does not apply to orders placed through a third party’s website or application. If you use a third party’s website or application for an order from one of our stores, you will be subject to the terms and policies posted by that third party and we are not responsible for those terms or policies or acts or omissions of those third parties.

Terms & Conditions

All the users of this website agree that their access to and use of this website are subject to the terms and conditions stated in this Terms of Use and all applicable laws therein, and that any such access or use is assumed at the users’ own risk. These Terms of Use are subject to change at any time without prior notice. Any changes will be reflected in this legal notice.

Parties. All parties to this Terms of Use are independent contractors with respect to one another, such that no party exercises control over any other party or has any liability or responsibility for any other party.

Third-Party Service Providers. Pontiac Street Market in partnership with its service providers (“Third-Party Service Providers”) provides information and online methods for Customers to purchase and obtain delivery of products. Third-Party Service Providers do not provide any items for online sales but do provide the necessary infrastructure in order to provide customers of the Services a method to order items available online and provide delivery services.

Customers. Customers utilize the Services to purchase products from Stores and to obtain delivery of such products from Delivery Persons. Customers do not control and have no liability or responsibility for any Store or Delivery Person, or for Pontiac Street Market .

Stores. Stores are Pontiac Street Market ’ stores and/or warehouses that showcase and sell consumer products to Customers via the Platform and Services. Stores fulfill orders for Customers unless specified otherwise. Stores do not themselves provide delivery services unless the Store expressly advises the Customer otherwise. Stores may provide Customers with pick-up options in each Store’s discretion.

Delivery Persons. Delivery Persons utilize Pontiac Street Market ’ Third-Party Service Providers’ services, to independently select and execute delivery jobs to deliver products that Customers purchase on the Platform in exchange for a fee from the Third- Party Service Provider. Delivery Persons do not themselves provide products. Delivery Persons are independent contractors to Pontiac Street Market ’ Third-Party Service Providers and are not engaged in any employment or agency relationship with Pontiac Street Market , Stores, or Customers.

Mobile Applications. With respect to the mobile versions of the Platform, you will use the Platform and Services (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or a product that runs on Android; and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the Google Play Terms of Use. With regard to your use of the iOS version of the Platform and Services, you acknowledge and agree that (i) this Terms is an Terms between you and Pontiac Street Market only, and not Apple, and (ii) Pontiac Street Market , not Apple, is solely responsible for the Platform and Services and content thereof. Your use of the Platform and Services must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform or the Services. In the event of any failure of the Platform or the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and Services (if any) to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform or the Services. As between Pontiac Street Market and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pontiac Street Market , subject to this Terms. You and Pontiac Street Market acknowledge that, as between Pontiac Street Market and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Platform or the Services or your possession and use of the Platform or the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform or the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Pontiac Street Market acknowledge that, in the event of any third-party claim that the Platform or the Services or your possession and use of the Platform or the Services infringe that third party’s intellectual property rights, as between Pontiac Street Market and Apple, Pontiac Street Market , not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, this Terms. You and Pontiac Street Market acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Terms as related to your license of the Platform or the Services, and that, upon your acceptance of the Terms of Use and conditions of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms as related to your license of the Platform or the Services against you as a third-party beneficiary thereof.

Site Content & As-Is Disclaimer

Unless agreed otherwise in writing by the party providing the product or service, all products and services are provided "as is", and without warranties of any kind.

The Pontiac Street Market website and all information, content, materials, products, services and user content included on or otherwise made available to you through the website are provided by Pontiac Street Market on an "as is," "as available" basis, without representations or warranties of any kind. Pontiac Street Market makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the site contents, or that the website or emails sent from Pontiac Street Market are free of malware or other harmful components. You expressly agree that your use of the Pontiac Street Market website is at your sole risk. To the full extent permitted by law, Pontiac Street Market disclaims any and all representations and warranties with respect to the website and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Certain providers of products may separately provide limited representations and/or warranties regarding their products. This provision does not apply to such product warranties.

Pease refer to our Privacy Policy for information on how Pontiac Street Market collects, uses and shares information about users of the website.

Eligibility, Registration, Creating an Accounts.

The Pontiac Street Market website is targeted over the age of 16. By using the Sites, you guarantee that you are 16 years of age or older. You must be 16 years of age or older to access or use, or register for an account on the website. Additionally, you may not make a purchase from our website unless you are at least 18 years of age. You also guarantee that you (1) have not previously been suspended or removed from the Sites; (2) do not have more than one website account; and (3) that you have full power and authority to agree to the Terms and conditions and in doing so will not violate any other Terms to which you are a party of.

You must register for an account and provide information about yourself to use the Services, such as profile and payment information. You are responsible for providing accurate information, for maintaining the confidentiality of their own account and password (including for example any third-party login password such as Google), and for any activities occurring under or through their account. If you have a reasonable belief that your account integrity or privacy has been jeopardized, they must immediately notify the Services through the contact page. You shall not create multiple accounts.

Accuracy of Information. While Pontiac Street Market and the Stores endeavor to provide accurate product information, you should know that product information accessed through the Platforms is obtained from information made by product manufacturers and producers; on occasion, they may change their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Platforms. Accordingly, you should not rely solely on the product information presented on the Platforms, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact the product manufacturer or producer directly for any questions. Pontiac Street Market and the Stores do not assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Platforms. In addition, even though we make an effort to describe and display our products and services accurately on the Platforms, products on the Platform may be mispriced, described inaccurately, or unavailable and we may experience delays in updating information on the Platforms and in our advertising on the Platforms.

Intellectual Property License. The Services and the Platform are owned by Pontiac Street Market , and all rights are reserved to Pontiac Street Market . Pontiac Street Market grants to each party using the Services a limited, revocable, non-transferable license to use the Services on appropriate and compatible devices that the party owns or controls solely for its personal use. You shall not (1) modify, replicate, distribute, share, or otherwise cause the Platform or the Services to be made available to multiple devices simultaneously, or (2) sell, transfer, redistribute, or sublicense the Services or the Platform.

Service Limitations and Requirements.

Customers must be at least eighteen years old to utilize the Services.

Alcohol purchases can only be dropped off with a person aged 21 or older. For alcohol purchases, you represent and warrant that you are age 21 or older. For alcohol purchases, the Delivery Person reserves the right to refuse delivery where the recipient cannot provide proper Identification matching the order and showing legal age. Valid forms of identification must include photo identification, such as a valid driver license; a passport, or (iii) a valid Armed Forces ID card. Delivery Persons may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise presenting an observable danger to themselves or others.

Alcohol and tobacco deliveries may be limited in some markets and locales.

You agree not to modify, create derivative works of, sell, license or in any way exploit Pontiac Street Market , the Platform or the Services. You agree not to reproduce, distribute, publish, stream or broadcast any part of the Services without prior written authorization from Pontiac Street Market .

The parties agree not to circumvent or attempt to circumvent any security or other features of the Services or the Platform designed to limit access.

The parties agree not to harvest or mine content from the Platform or otherwise access or use the Services inconsistently.

Representations. By using the Platform or the Services, you represent that you are at least eighteen (18) years old; you are in good standing with the Services (i.e., no previous suspensions of service with Pontiac Street Market ); and you will comply with and all applicable laws and regulations for your jurisdiction; if you are using the Services on behalf of an organization or entity, then you represent that you have authority to agree to this Terms on behalf of that organization or entity. You agree that the information you provide to the Services is accurate and that you will keep it up to date at all relevant times.

Payments. The Services will process your payment information as a Customer to make payments for your orders. You will be prompted to confirm payments before submitting your order finally to Pontiac Street Market . Unless otherwise agreed mutually in writing, all payments are non-refundable. There may be a fee or surcharge to the party requesting or utilizing the service, and such fees and surcharges may change over time in Pontiac Street Market ’s discretion. You are encouraged to check Pontiac Street Market ’ current statement of fees for up-to-date information before executing new orders.

Customers submitting payment information to the Services authorize Pontiac Street Market and its Third-Party Service Providers to process payments for orders according to the payment method specified in the Customer account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to Pontiac Street Market ’ verification of the Customer’s account and available credit or balance for the intended purchase. Upon completion or cancellation of the Customer’s order, the pre-authorization hold is lifted within approximately 2-4 business days, depending on the Customer’s account holder.

Refunds. Refunds, credits, and order changes are processed by the Services on a case-by-case basis in the discretion of Pontiac Street Market . Pontiac Street Market ‘ policy is to diligently and with good faith assist Customers in processing these requests. This refund policy always applies regardless of any disruptions or downtime in the Services for any reason whatsoever.

Returning Items To A Store. Stores and Delivery Persons give the original receipt to the Customer. Delivery Persons are not obligated to return items to a Store for a Customer; however, Delivery Persons are free to independently agree to do so for a Customer subject to the Delivery Person’s Terms with the Third-Party Service Provider.

Order Changes. Customers acknowledge that after placing an order through Pontiac Street Market , the order may be processed quickly by a Store and Delivery Person. Once an order is in process, it may not be changed without the consent of the Store and Delivery Person where applicable.

Surcharge. Canceled orders may incur a surcharge. Customers are encouraged to check Pontiac Street Market ’ current statement of fees and cancellation policies.

Store Pricing. Stores are required to provide up-to-date and accurate pricing to Customers through the Platform. If the product has already been purchased and delivered to the Customer (or is in the process of delivery by the Delivery Person), then the Store agrees to abide by the pricing then published on the Platform.

Store Inventory and Offers. The Services monitor inventory data to ensure its accuracy before uploading to the Platform and after uploading while it is being showcased to Customers but some items may still be unavailable even if the Services indicate the item is available. Pontiac Street Market may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through the Platform at any time without notice to you. Not all products are available at all of our stores or for online ordering or at all times. Some or all of the Offerings or products may not be available in your location (or your delivery or preferred pickup location). You shall not misuse or reproduce Offerings, such as by creating multiple accounts to use the same Offering.

Customer Specifications. When purchasing a product, Customers have the option to make comments & specifications (i.e., “large ripe tomatoes please”) and also replacement options (i.e., ‘If no organic free-trade shade-grown bird-friendly coffee, then regular organic coffee’). Stores and Delivery Persons will use reasonable efforts to read and attempt to fulfill Customer comments and specifications, but Pontiac Street Market makes no guarantees regarding the fulfillment of such comments and specifications. Customers agree to be reasonable with Delivery Persons and Stores in all parties’ requests. Please note that any request is subject to availability.

Communications. Pontiac Street Market may provide your contact information to a particular Store or Delivery Person solely for the purposes of communication regarding a transaction or order. The Store and/or Delivery Person is responsible for maintaining the privacy of your contact information, including but not limited to refraining from selling the contact information or using it for future promotional purposes.

By agreeing to this Terms, you agree that all communications from us relating to your use of or access to the Platform may be provided or made available to you electronically by email, “in-Platform” messaging or by posting a communication on the Platform or via text or phone as set forth below. Your consent to receive communications and do business electronically, and our Terms to do so, applies to all your interactions and transactions with us and our agents concerning your Platform usage and access.

For purposes of the Services operations or a specific transaction, you agree to receive text messages and phone calls at the phone number provided to the Services, and also emails to the email address provided to the Services, and also written correspondence to the address provided to the Services. Such communications may be sent by Pontiac Street Market and its Third-Party Service Providers and Delivery Persons. You will not be able to use the Services without agreeing to receive such communications.

For purposes of promotional communications, you may opt-out of promotional communications from Pontiac Street Market at any time. Otherwise, you may receive text messages, emails, or written communications to the contact information provided.

For text messages, you can limit your receipt of push notifications by adjusting the settings of your mobile device. We may send four or fewer text messages per month unless otherwise noted at the time of opt-in. You may opt-out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply.

For email messages, we may send ten or fewer email messages per month. You may opt-out of email messages at any time by following the instructions in the email.

Off-Platform Links. The Services may contain links to third-party websites and services, such as recipe providers, DoorDash or GrubHub or other delivery partners. Pontiac Street Market is not responsible for and does not specifically endorse or accept any responsibility for the contents or use of these third-party websites. Pontiac Street Market provides these links as a convenience only, and the inclusion of any link does not imply endorsement by Pontiac Street Market . It is each party’s responsibility to take precautions to ensure that whatever they select for their own use is suitable for their own needs and free of viruses or other harmful items.

Delivery Fees. The Customer acknowledges that delivery fees will apply as will be displayed in your account and checkout.

Tips. Customers are free and encouraged to give monetary tips to Delivery Persons. Such tips are solely the income of the Delivery Person and are not received or accounted in any manner by the Services or Stores.

User Submissions. Except where expressly provided otherwise by Pontiac Street Market , all comments, feedback, information or content submitted to the Services through or in association with the Services (“Submissions”) shall be considered non-confidential, and Pontiac Street Market shall be free to use such Submissions on an unrestricted basis or as provided by an Terms with Pontiac Street Market .

Each party making Submissions grants Pontiac Street Market a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use the Submissions for any reasonable purpose.

Nonpayment. If payment for purchases on a Customer’s account is delinquent, your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.

Delivery.

The Customer is responsible for providing the Delivery Person with access to the Customer’s designated delivery location. Delivery Persons are entitled to rely upon their reasonable interpretation of the description of the Customer’s delivery location.

If a Customer requires delivery to a person at a location, then the Delivery Person may only drop off the goods with a person at Customer’s designated location. If a person is not present at the designated delivery location when the Delivery Person arrives to complete the delivery, then the Delivery Person may either (1) attempt to contact the Customer to schedule delivery at a later time, or (2) return the order to the Store so that Customer can pick up at Customer’s earliest opportunity within a reasonable time – and in either case, Pontiac Street Market reserves the right to charge the Customer the full amount of the Order, along with a redelivery surcharge.

If a Customer allows drop-off to an unmanned location, then the Delivery Person may drop off the goods at the Customer’s designated location. Delivery Person may take a photo of the dropped off order and upload to the Services for Customer’s convenience as proof of delivery.

Pontiac Street Market will use reasonable efforts to have deliveries made by the dates and times indicated in the Services for a particular order. Otherwise, delivery times are governed by general standards of reasonableness.

If goods are damaged in transit, the party that assumes the risk of damaged goods is Pontiac Street Market provided that (i) if the damage is apparent at the time of delivery, the damage is identified by the Customer at the time of delivery by the Customer notifying the Delivery Person or (ii) if the damage is not apparent at the time of delivery but after unpacking the delivery, Customer promptly notifies Pontiac Street Market .

Intellectual Property. All information, documents, logos, graphics, images, software and other materials provided on this Platform is the intellectual property of Pontiac Street Market , and third parties where applicable, (“Content”). All trademarks, service marks, logos, trade names, and trade dresses in or on the Platform, whether registered or unregistered, are proprietary to Pontiac Street Market . You may not use, reproduce, or otherwise display any such trademarks, service marks, logos, trade names or trade dresses without the prior written consent of Pontiac Street Market or the appropriate owner thereof. There are no implied rights. Except as permitted herein or otherwise agreed in writing, Content on the Services may not be copied, republished, mirrored, or transmitted without the express written permission of Pontiac Street Market and/or the applicable third party. Where access is permitted, Pontiac Street Market grants you permission to display, copy, download, and distribute for informational purposes the Content provided to you, so long as the appropriate copyright attribution is given to Pontiac Street Market and/or applicable third parties. See the contact information below if you have any questions about such access or attribution. This permission terminates automatically if you breach any of the terms of this Terms. Upon termination, you agree to immediately delete or discard any downloaded Content in your possession. Except where expressly allowed herein by Pontiac Street Market and/or the applicable third party, nothing on the Services shall be construed to confer any license or sale under any of Pontiac Street Market ’s or any of third party’s intellectual property rights. Parties utilizing the Services acknowledge sole responsibility for obtaining any such licensure rights through the appropriate channels. Please see the contact information below if you have any questions about obtaining licenses from Pontiac Street Market .

Disclaimers.

THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” AND PONTIAC STREET MARKET DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTEES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WITHOUT LIMITATION WITH REGARD TO TIMELINESS, SECURITY, QUALITY, AVAILABILITY, SUITABILITY, ACCURACY, AND COMPLETENESS. THIS DISCLAIMER APPLIES ALSO TO CONTENT, SERVICE, AND CONSUMER PRODUCTS PROVIDED BY OTHER PARTIES.

PONTIAC STREET MARKET RELIES UPON STORES AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS, AND GENERAL PRODUCT SAFETY INFORMATION AND DOES NOT ACTUALLY WARRANT THAT ANY SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL PONTIAC STREET MARKET IS SOLELY AT THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.

PONTIAC STREET MARKET DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND PONTIAC STREET MARKET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS OR THIRD PARTIES.

DELIVERY PERSONS ARE SOLELY RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY, AND SECURELY. PONTIAC STREET MARKET DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND PONTIAC STREET MARKET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PONTIAC STREET MARKET BE LIABLE TO YOU, ANY PARTY OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, PUNITIVE DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL PONTIAC STREET MARKET ’S TOTAL LIABILITY EXCEED THE CUSTOMER’S COST OF THE ORDER AT ISSUE, OR $500, WHICHEVER IS LESS.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY. CUSTOMERS UNDERSTAND THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT THE CUSTOMER CHOOSES TO USE THE SERVICES AND ENGAGE DELIVERY PERSONS AT THEIR OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES PONTIAC STREET MARKET FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO DELIVERY PERSONS. PONTIAC STREET MARKET DOES NOT INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF DELIVERY PERSONS NOR DOES PONTIAC STREET MARKET INDEPENDENTLY VERIFY OR ASSESS THE LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES. PONTIAC STREET MARKET IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF DELIVERY PERSONS. PONTIAC STREET MARKET WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN CUSTOMERS, DELIVERY PERSONS, OR THIRD PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT AND FULLY ASSUMES THE RISK OF THEIR OWN DECISIONS. IF YOU ARE A INDIANA RESIDENT, YOU WAIVE INDIANA CIVIL CODE §1542, WHICH SAYS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Health-Related Issues.

The PONTIAC STREET MARKET website is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the website are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read here.

Legal Compliance. It is each party’s responsibility to use the Services solely for lawful purposes. In this respect a party may not, without limitation (a) intercept or monitor any equipment that is not their own; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, damage, unreasonably delete or disassemble Content, the Platform or the Services ; (c) cause or intend to cause unfair embarrassment or distress to, or to unfairly threaten, harass, or harm anyone. Pontiac Street Market operates this Platform from Indiana and makes no representation that the Content is available for use outside the United States of America. If a party accesses this Platform from another location, it is by their own initiative and it is their own responsibility to comply with the laws of their jurisdiction, as well as any applicable import/export laws.

Indemnification. You (‘Responsible Party’) shall defend and indemnify Pontiac Street Market and its agents (at Pontiac Street Market ’ option) against any allegation, claim, lawsuit (“Claim”) made or brought against Pontiac Street Market by another party or a third party arising out of the Responsible Party’s use of the Platform or Services, including, without limitation, arising out of violation of this Terms, violation of an intellectual property right, breach of contract, negligence, willful misconduct, or crime. Such indemnity shall cover any damages awarded against Pontiac Street Market , and for reasonable attorney’s fees incurred by Pontiac Street Market , in connection with any such Claim; provided, that Pontiac Street Market promptly gives Responsible Party written notice of the Claim. Where Responsible Party provides defense, Responsible Party shall have the reasonable control of the defense and any settlement of the Claim (provided that Responsible Party may not settle any Claim without Pontiac Street Market ’ advance written consent). Pontiac Street Market reserves the right, at Pontiac Street Market ’ expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section (without limiting indemnification obligations hereunder) and the Responsible Party agrees to reasonably cooperate with Pontiac Street Market ’ defense of that claim.

Digital Millenium Copyright Act.

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which in particular regulates: (1) protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down; (2) encouragement to copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) makes it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances.

Thus, if you believe in good faith that materials available on this website violate your copyright, you may contact us at the address listed here requesting that we remove the material or block access to it. For this purpose, you must include the following information:

(1) Identification of the copyrighted work that you believe to be infringed.

(2) Identification of the content that you believe to be infringing and its location.

(3) Your contact information, in particular, your name, address, telephone number, and email address.

(4) A statement of a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.

(5) A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.

(6) A signature or the electronic equivalent from the copyright holder or authorized representative.

Updates and Amendments. Pontiac Street Market may make improvements and/or changes to the Services, and changes to the Content, at any time and without notice. Pontiac Street Market may amend this Terms upon 10-days advance written notice, which amendments shall be binding on all parties. If you do not agree with a change, your sole remedy is to cease using the Platform and the Services.

Complete Terms. This Terms, together with any applicable written Terms between parties (i.e., Delivery Person Terms between Pontiac Street Market and a Delivery Person), and the Pontiac Street Market Privacy Notice, represent the entire Terms and general understanding relating to the use of the Services and supersede prior, contemporaneous, or additional communications. Pontiac Street Market ’ current statement of fees may be amended from time to time in Pontiac Street Market ’ discretion.

Legal Contact Information

If you have any questions about this Terms, or if you would like to request permission to use any Content, please contact us:

Pontiac Street Market

918 E Pontiac St, Fort Wayne,

IN 46806, USA

pontiacstreetmarket@parkview.com

Term.

This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

A party may terminate this Terms at any time for any reason or for no reason upon 3-days advance notice, or immediately if the other party breaches the terms of this Terms. Upon the giving of a termination notice, an account may be immediately suspended. Both parties agree that the opportunities presented by this Terms constitute adequate consideration for such a termination right. Except as otherwise stated herein, neither party shall be responsible to the other for any costs or damages resulting from the termination of this Terms.

The provisions of this Terms that by their nature extend beyond the applicable expiration date or other termination of this Terms will survive and remain in effect until all obligations are satisfied.

Waiver. Failure of Pontiac Street Market to enforce a right under this Terms shall not act as a waiver of that right or the ability to later assert that right relative to the situation involved.

Validity of Provisions. If any provision of this Terms shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the invalidity or enforceability of this Terms.

Force Majeure. No party shall be liable to any other party for any failure or delay in performance of its obligations under this Terms due to any force majeure, labor strike, adverse weather conditions, shortage of materials, pandemic, epidemic, quarantine, war, invasion, acts of a public enemy, governmental preemption in connection with a national emergency, riot, laws, rules, regulations or order of governmental or military authorities, or failure of the Internet.

GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION. And Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Pontiac Street Market agree that this Terms of Use affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Terms or any prior Terms (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to this Terms of Use, you agree to resolve any and all disputes with Pontiac Street Market as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Pontiac Street Market ’ support department at pontiacstreetmarket@parkview.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or these Terms directly through consultation with the Pontiac Street Market support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Arbitration Rules and Governing Law

The Federal Arbitration Act (the “FAA”), regulates the interpretation and enforcement of this Arbitration Agreement and preempts all state laws. If the Federal Arbitration is found not applicable to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be governed by the law of your state of residence.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Terms (including the Privacy Notice’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform or the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Terms or the Privacy Notice, including but not limited to any claim that all or any part of this Terms or Privacy Notice is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to Pontiac Street Market at Attn: Legal; pontiacstreetmarket@parkview.com.

To the extent, the filing fee for the arbitration exceeds the cost of filing a lawsuit, Pontiac Street Market will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Pontiac Street Market will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, the arbitration shall be initiated in the State of Indiana, the United States of America and you and Pontiac Street Market agree to submit to the personal jurisdiction of any federal or state court in Merrillville, Indiana in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Jury Trial Waiver

By entering into these terms, you agree that, with respect to any claim(s) within the scope of the terms concerning and rising from arbitration terms, you and Pontiac Street Market are each waiving the right to a trial by jury.

Class, Collective, and Representative Action Waiver

The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Pontiac Street Market AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right To Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Pontiac Street Market ) written notice of your decision to opt-out to Pontiac Street Market ---Attn: Legal; pontiacstreetmarket@parkview.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Pontiac Street Market will not be bound by them.

Changes To This Section: Pontiac Street Market will provide thirty (30) days’ notice of any changes to this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or cessation of use of the Platform or the Services.

ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties’ attorneys’ fees provision a part of any statute under which you may bring a claim.

CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of California. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

Last Updated: September, 2023