Customer Agreement
This Agreement (the "Agreement") is an agreement between you and The Great Atlantic and Pacific Tea Co. Inc. ("The Food Emporium and A&P") that states the terms and conditions under which you may use the Site and receive The Food Emporium and A&P service, which includes processing and delivery of product orders ("The Service"). Your use of The Food Emporium and A&P Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or The Food Emporium and A&P Service.

If you have any questions about this Agreement or the Site please call our Customer Service representative at 1-800-VERY-BEST or 1-866-44-FRESH.

100% Satisfaction Guaranteed
We believe in good food for great people! Providing you with the freshest foods is our primary goal. Your groceries will be meticulously selected and stored in the appropriate conditions until they are delivered. If for any reason your items do not meet your expectations, please let us know by calling 1-800-VERY-BEST or 1-866-44-FRESH, Monday-Saturday, 8:00 am-9:30 pm and Sunday 1:00 pm-9:00 pm to receive a full refund

The Food Emporium and A&P Service
Ordering through the Site
Same day orders are available between 8:00 am to 9:00 pm for Monday through Saturday and from 1:00 pm to 9:00 pm for Sunday. If placing an order for the 8:00-10:00 am time period, please make sure that you have completed updating your order by 9:00 pm the night prior.

Available delivery time periods and associated Service Fees will be shown as you proceed through the ordering process. You can place your order anytime several weeks before your delivery date. You may cancel via the "My Account" section of the Site or by contacting Customer Service at 1-800-VERY-BEST Monday through Saturday from 8:00 a.m. to 9:30 pm. and Sunday from 1:00 pm. to 9:30 p.m. However, updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders less than two hours prior to a scheduled delivery will result in a Restocking Fee. This fee will be $10.00 for orders under $40 and $20.00 for orders above $40. These fees will be charged to your credit card on file.

Price and Availability
We believe in offering our customers the best product at the best price. We receive fresh products every day to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards.

We reserve the right to limit the quantity of a particular product that you may order. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.

Because we custom-cut, -select, and -order your perishables, the per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of delivery -- you always pay the true price for the actual weight of your products.

Delivery of Products
To receive delivery, you must be available in person or have a designated recipient. This designated recipient can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself and must agree to sign for delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, nor your designated recipient is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. In some cases there will be a redelivery fee of $5.00. If we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged the restocking fees as noted in the section above

In an effort to meet the committed delivery time for all of our customers, our Delivery Ambassadors will not be able to wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If you have a question with your order, please call Customer Service at 1-800-VERY-BEST, 1-866-44-FRESH or Email Us.

In the case of inclement weather, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a delay outside of the selected two-hour delivery period, our Customer Service representative may call or email you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

Payment
Your credit card will be charged the actual cost that is determined after preparing and weighing your order. We will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, We reserves the right to collect funds for any uncollected transactions owed to it.

We do not accept checks, food stamps, or coupons at this time. If you fail to pay any costs or charges when due or if a redelivery cost or restocking cost is imposed, We may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to The Food Emporium and A&P Service. You shall be responsible and liable for any costs, including attorneys' costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you. Your right to use The Service is subject to limits established by The Food Emporium and A&P and/or by your credit card issuer.

Third-Party Information Providers and Merchants
In the future, The Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by The Food Emporium or A&P. In such instances, We act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that we makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights
Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, The Food Emporium and A&P. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with us for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of The Great Atlantic & Pacific Tea Co., Inc. and A&P is strictly prohibited. You acknowledge that we and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. We reserve the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from us.

Trademarks
All logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of The Great Atlantic & Pacific Tea Co., Inc. or otherwise proprietary to The Food Emporium and A&P and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in The Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or The Service.

Access to The Service
Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access The Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on The Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You acknowledge that from time to time The Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which The Great Atlantic & Pacific Tea Co., Inc. may undertake from time to time; or (iii) causes beyond the control of The Great Atlantic & Pacific Tea Co., Inc. or which are not reasonably foreseeable by The Great Atlantic & Pacific Tea Co., Inc.

User Name and Passwords
Access to The Service is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of The Service with your password. You agree to notify The Food Emporium promptly of any unauthorized use of your password and you will remain liable for any use of The Service until you notify The Great Atlantic & Pacific Tea Co., Inc.of the unauthorized use of your password to the extent permitted by law.

Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access The Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, email address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact Customer Service at 1-800-VERY-BEST. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to The Great Atlantic & Pacific Tea Co., Inc., and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. The Great Atlantic & Pacific Tea Co., Inc.'s secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in a secure data center. The Great Atlantic & Pacific Tea Co., Inc. will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you The Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using Microsoft's Internet Explorer or Netscape Navigator. The minimum system requirements to use the online shopping service are as follows:

Windows:
Internet Explorer 5.01 Service Pack 2 (IE 6.0 recommended)
America Online 7.0 (AOL 9.0 recommended)
Netscape 6.2 (Netscape 7.2 recommended)
Mozilla 1.x

Macintosh:
Internet Explorer 5.x
AOL 5.0 (AOL for Mac OSX recommended)
Netscape 6.2
Mozilla 1.x
Safari 1.0.1

Corrections
If you would like to update or correct information previously provided to us, please call our Customer Service representative at 1-800-VERY-BEST or you can update your account information yourself by going to My Account on The Food Emporium Site.

Privacy Policy
Please review our Privacy Policy, which also governs your visit to The Food Emporium Site and use of The Food Emporium Service, to understand our practices.

Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of The Service, which includes, without limitation, use of The Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on The Food Emporium Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by The Food Emporium to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOOD EMPORIUM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FOOD EMPORIUM SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; WE DO NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. THE FOOD EMPORIUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE FOOD EMPORIUM SERVICES. THE FOOD EMPORIUM DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER THE GREAT ATLANTIC & PACIFIC TEA CO., INC. NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "THE PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE  SERVICE, OR THE INTERNET. THE GREAT ALTANTIC & PACIFIC TEA CO., INC.'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TO TERMINATE THIS AGREEMENT. WE RESERVE THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. The Great Atlantic & Pacific Tea Co., Inc. controls and operates this Site and uses it for its stores in New York area. The Food Emporium makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

You agree to defend, indemnify, and hold The Food Emporium harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Miscellaneous
Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. We may suspend or terminate this Agreement or The Service or remove or disable access to any portion of The Service at any time for any reason with or without notice to you. You may terminate this Agreement and your The Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. We reserve the right to collect costs and charges incurred before you cancel your The Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices
We may give notice to you of a change in this Agreement, a change in cost schedule, and any other matter through a general posting on The Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to us by telephone at 1-800-VERY-BEST or 1-866-44-FRESH, by electronic mail (as specified in the "Help" section of The  Web site), or by conventional mail to:

The Food Emporium or A&P
2 Paragon Drive
Montvale, NJ 07645
Attention: ONLINE CUSTOMER SERVICE

Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with The Great Atlantic & Pacific Tea Co., Inc. regarding the use of the Service and this Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, The Food Emporium, A&P, and its parent company and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with The Food Emporium or A&P or relating in any way to your use of The Service or The Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving The Food Emporium or A&P Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of The Great Atlantic & Pacific Tea Co., Inc and Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your The Food Emporium and A&P Service.

Amendment
We may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on May 25, 2005.