By using or accessing this web site, you accept and agree to be bound by these terms. Your use of the web site is governed by the version of the Terms in effect on the date in which this web site is accessed by you. Sam LaGrassa’s may modify these Terms at any time and without prior notice. Your use of this web site signifies your acceptance of any changes terms.
1. Intellectual Property Policy
The materials and services provided for and depicted on this web site are protected by copyright, trademark and other intellectual property laws. All content on this site is the property of Sam LaGrassa’s.
2. Access and Interference
You agree not to:
a. Use any robot, spider, scraper or automatic device, process or means to
access this web site for any purpose without Sam LaGrassa’s express written
b. Take any action that imposes (in Sam LaGrassa’s sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
c. Implement any manual processes to monitor or copy content from this web
site without the express written permission of Sam LaGrassa’s.
d. Utilize any device, software or routine that will interfere or attempt
to interfere with the functionality of this web site.
3. User Account Access
Access to user accounts is accomplished through the use of a Login Name
and a Password, which you create. Your password should be kept in strict
confidence to prevent unauthorized use. You are solely responsible for all
activities that occur in connection with your Login Name and Password.
Sam LaGrassa’s is committed to safeguarding your privacy. To that end Sam
LaGrassa’s adheres to strict consumer privacy guidelines. Sam LaGrassa’s will
never sell, rent, loan or otherwise distribute any of your personal information
to any third party without your prior expressed written consent.
Sam LaGrassa’s reserves the right, with notification, to limit the order
quantity on any item and/or refuse service to any customer. Verification of
information may be required prior to the acceptance of any order.
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 Login Name and Password. In the event a check is returned or electronic
payment is denied, Sam LaGrassa’s may impose a fee to cover the cost of any
charges incurred. If you fail to pay any invoices or charges on account, when
due, Sam LaGrassa’s may charge such amount directly to the credit card
identified in your customer profile and Sam LaGrassa’s may suspend or terminate
your access to Sam LaGrassa’s web site services. You shall be responsible and
liable for any fees, including attorney’s fees and collection costs, that Sam
LaGrassa’s may incur in its efforts to collect any unpaid balances from you.
Your right to use the Sam LaGrassa’s on-line web site services is subject to
limits established by Sam LaGrassa’s. If payment cannot be charged to your
credit card or a payment is returned for any reason, including chargeback, Sam
LaGrassa’s reserves the right to suspend or terminate your access to its on-
line web site services and your customer account. Sam LaGrassa’s also reserves
the right to establish a credit limit for your account.
7. Liability Limitations
IN NO EVENT SHALL SAM LAGRASSA’S BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF
OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SAM LAGRASSA’S WEB SITE,
SERVICES, OR WEB SITE CONTENT; (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT
LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SAM
LAGRASSA’S SITE; OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY COMPONENT OF
THE SERVICES OR THE SAM LAGRASSA’S SITE.
8. Disclaimer of Warranty
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR
ACCESSED ON THE SAM LAGRASSA’S WEB SITE, INCLUDING THE SERVICES AND THE WEB SITE
CONTENT, ARE PROVIDED TO USER ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY
KIND. SAM LAGRASSA’S DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE SERVICES, THE WEB SITE, THE WEB SITE CONTENT AND RELATED
MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING
FROM A COURSE OF DEALING.
As a condition of your use of this web site, you agree to indemnify and
hold Sam LaGrassa’s from and against all claims, losses, liability, costs, and
expenses (including but not limited to attorneys’ fees) arising from your use of
this web site, or from your violation of these Terms.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
11. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any manner by User, but may be
so transferred, assigned or delegated by Sam LaGrassa’s.
Any waiver of any provision of this Agreement, or a delay by any party in
the enforcement of any right hereunder, shall neither be construes as a
continuing waiver not create an expectation of non-enforcement of that or any
other provision or right.
This Agreement is made under and shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts, without regard to
any choice of law provisions. The parties hereby consent to the jurisdiction of
the state and federal courts located in Suffolk County, Massachusetts.