TSC Disclaimer

DISCLAIMER

This site is provided by Safeway on an “as is” and “as available” basis. Safeway makes no representations or warranties of any kind express or implied, as to the operation of Safeway sites or the information, content, materials, or products included on Safeway sites.  To the full extent permissible by applicable law, Safeway disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  Without limiting the foregoing, Safeway disclaims any and all warranties, express or implied, for any merchandise offered on Safeway sites.  You acknowledge, by your use of Safeway sites, that your use of Safeway sites is at your sole risk.  This disclaimer does not apply to any product warranty offered by the manufacturer of the item.  This disclaimer constitutes an essential part of this agreement.  Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Safeway or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use Safeway sites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Safeway has been advised of or should have known of the possibility of such damages.  Subject to the foregoing, in no event will Safeway be liable for any damages in excess of the fees paid by you in connection with your use of Safeway sites during the six month period preceding the date on which the claim arose.

 

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