TERMS OF USE AGREEMENT

Last Updated: July 22, 2024

These Terms of Use (these “Terms”) specify the terms on which we are willing to provide access to the patelbros.com website, its subdomains, and our mobile apps (the “Site”). Together with our Privacy Policy, these Terms govern your participation in, access to and use of the Site. You agree to these Terms by accessing the Site and/or by otherwise indicating your acceptance of these Terms.

We may modify these Terms from time to time in our sole discretion without notice to you. When we do modify these Terms, we will update the “Last Updated” date shown above to reflect the date of the modification.

In these Terms, the words “you” and “your” refer to visitors and users of the Site, and the words “we,” “our” and “us” refer to PB Brands, LLC and its affiliated companies. The word “Content” refers to all content, features, and functionality included in or accessible through the Site, which may include (but is not limited to) information, software, text, images, video, and audio and the design, arrangement, and layout of the Site itself.

Registration/Login

To access and enjoy all of the features, products, and services available on the Site, and to enhance your online shopping experience, you may need to register and create a customer account.

When you register, you will select a username and password (your “Credentials”). You must treat your Credentials as confidential, and you must not disclose your Credentials to any other individual or entity. You acknowledge that your account is personal to you and agree not to provide your Credentials to any other person. You agree to notify us promptly of any unauthorized use of your Credentials or any other breach of security. You will remain liable for any unauthorized use of the Site using your Credentials until you notify us of such unauthorized use.

For online orders, you may be required to provide contact information (including your name, billing address, telephone number and email address, and the name and shipping address of the recipient) and payment information (including credit card number, expiration date, and CVC code). We will use this information in accordance with our Privacy Policy. By providing this information to us, you agree that it is accurate and that you are authorized to use the payment information that you provide to us.

We have no liability arising from our usage of inaccurate or out-of-date information that you provide to us and you agree that all information you provide to us is correct, current, and complete, and agree to update it in the future if any of it becomes out-of-date.

We may suspend or terminate your account or your ability to access portions of the Site in our sole discretion.

Shopping & Delivery

The Site may allow you to buy groceries for home delivery or curbside pickup at a local Patel Brothers store. These transactions will be fulfilled by us and/or by our agents, suppliers, vendors, contractors, or licensees. Product availability and pricing reflected on the Site may differ from that found in our stores and is subject to change, without notice.

When you order groceries from the Site for curbside pickup, your order will be prepared and brought to your vehicle. For delivery orders, your groceries will be delivered to the delivery address you specify at the time of order placement by a third-party provider. Depending on the third-party provider delivering your order, your order may be left on the ground level entryway of multi-unit homes, apartments and condominiums.

We shall not be liable, and you agree not to hold us or our agents or employees responsible, for any damage or theft that occurs after your order has been tendered to the third-party delivery provider.

Product availability can change rapidly. You acknowledge that we may, prior to delivery, modify, cancel or ship only portions of the product(s) that you order. We will try to notify you of any such changes.

Fees, Payment And Access

You are responsible for, and agree to pay promptly, all charges, including applicable taxes and purchases by you or anyone you allow to use your Credentials. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Site is also subject to limits established by your credit card issuer. We are not responsible if your credit card issuer declines payment. The manner, timing, and availability of refunds will be determined by us in our sole discretion.

Electronic Communications

You consent to receive electronic communications from us either in the form of email sent to you at the email address listed on your account or by communications posted on the Site for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

SMS/Text Messages

When you sign up for our text messaging program (“SMS Program”), you accept our Privacy Policy and you expressly authorize us and others texting on our behalf to send promotional and other text messages, via automated and non-automated dialing technology, to the mobile phone number that you provide. You confirm and agree that you are a US resident, that you are the account holder for the mobile phone number you provide, that you are permitted to receive text messages at that mobile phone number, and that you will promptly notify us at customerservice@patelbros.com if that mobile phone number changes or if you no longer own and control the device assigned by your carrier to that mobile phone number.

You may opt out of the SMS Program at any time. We do not require you to consent to receive promotional text messages in order to purchase any goods or services. You can expect to receive up to five (5) promotional text messages per month, plus additional non-promotional text messages. Message and data rates may apply to each text message sent or received, in addition to any applicable roaming charges. Please check with your carrier for details.

To unsubscribe from the SMS Program, text “STOP” to (847) 231-2713 or reply “STOP” to any SMS Program text message. For help, text “HELP” to (847) 231-2713 or reply “HELP” to any SMS Program text message. You can also unsubscribe by emailing us your First Name, Last Name, and mobile phone number to customerservice@patelbros.com  You agree that, following any such request to unsubscribe, you may receive one (1) last text message simply to confirm that your request to unsubscribe has been processed. Following that confirmation message, no additional promotional text messages will be sent unless you opt back into the SMS Program.

No Warranties

You use the Site at your own risk. Except as specifically provided below, we do not promise that the Site will be available at any particular time, that it will meet your needs or that it will function without interruption or errors. The Site is intended for informational purposes only. Although we try to ensure that Content on the Site is accurate, we do not promise that such Content is error-free and, correspondingly, we are not responsibility for the accuracy, completeness or usefulness of material found on the Site. Further, we do not promise that Content will remain constant or that any links to the Site will continue to work in the future. We reserve the right to change the Site from time to time in our sole discretion. While we take measures to protect the security of the Site and to prevent unauthorized changes to the Site, no such measures can be entirely effective. Correspondingly, we do not promise that the Site will be free of malware, viruses, worms, trojan horses and the like. EXCEPT AS SPECIFIED IN THESE TERMS, THE SITE IS PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY TYPE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

The Site may include Content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in such Content are solely the opinions and the responsibility of the third party providing such materials.

Any mention of third-party companies and websites on the Site is for informational purposes only and is not an endorsement or recommendation.

Ownership of the Site and Permitted Uses

All Content on the Site is owned by us, our licensors, and/or other third-party content providers, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights to Content not expressly granted in these Terms are expressly reserved.

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on the Site are either our property or the property of our licensors, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without our prior written permission. The use of our Marks on any other website, without our authorization, is prohibited.

You may use the Site only for personal, noncommercial use. You may not use any robot, spider, crawler, scraper or other automated system to gather, use, or reproduce any Content except to the extent used in connection with a legitimate and publicly available search engine; prepare derivative works based on Content; republish the Site, whether in whole or in part; or publicly perform or display any portion of the Site.

Privacy and Your Personal Information

Our Privacy Policy describes the personal information we collect through the Site and what we do with that information. By using the Site, you consent to our use of personal information in accordance with our Privacy Policy. We may update our Privacy Policy from time to time, as described in the Privacy Policy.

Links to Third Party Sites

The Site may contain links to third-party websites, which are not under our control. We do not make any promises about those third-party websites and are not responsible or liable for any content, advertising, products or other materials on those third-party websites.

Limitation of Liability

WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, LICENSORS, SUPPLIERS, CONTRACTORS, REPRESENTATIVES, OR EMPLOYEES (“PB BRANDS ENTITIES”) SHALL NOT 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 SITE. THE PB BRANDS ENTITIES’ COLLECTIVE LIABILITY FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT IS LIMITED TO THE LESSER OF (A) THE ACTUAL AMOUNT PAID TO PB BRANDS BY YOU FOR THE PRODUCTS PURCHASED IN THE RELATED TRANSACTION, OR (B) FIFTY DOLLARS ($50). THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

Disputes

ANY DISPUTE THAT ARISES BETWEEN YOU AND US AND WHICH RELATES TO THESE TERMS, TO THE SITE OR TO YOUR USE OF THE SITE WILL BE RESOLVED EXCLUSIVELY AS DESCRIBED IN THIS SECTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, YOU AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Any and all claims or disputes that arise in connection with these Terms, the Site or your use of the Site. shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees.

Miscellaneous

If we fail to enforce any portion of these Terms or delay in enforcing them, then that failure or delay shall not waive any of our rights under these Terms or your breach of these Terms. If any portion of these Terms is found to be invalid or unenforceable, then that invalidity or unenforceability shall not affect any other portion of these Terms. Headers used in these Terms are for convenience only and form no part of the agreement between you and us. These Terms describe the entirety of our agreement with you with respect to the Site and your use of it. These Terms are governed by the Federal Arbitration Act and Illinois substantive law, without regard to its conflicts of law rules.

Contact Us

If you have any questions or concerns about these Terms, please contact us via at customerservice@patelbros.com and address your questions and concerns there or write to Patel Brothers at 3700 Rose Street Schiller Park, Il 60176