The Dierbergs.com website (the “Site”) is produced, owned and hosted by Dierbergs Markets, Inc., operating as Dierbergs.com (Dierbergs Markets, Inc. and Dierbergs.com are sometimes referred to herein collectively as “Dierbergs”, “we” or “us”).
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Dierbergs.com: Dierbergs provides this Site to you for your convenience. Your use of Dierbergs.com is subject to the following terms and conditions. Please take a few moments to review. If you browse, shop, or perform other activities via Dierbergs.com, you agree to accept these terms and conditions. If you do not agree with any of these terms and conditions, please do not use Dierbergs.com.
General Site Use: The content of the Dierbergs.com Site and this Site as a whole, are solely for your personal, noncommercial use. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Dierbergs reserves complete title and full intellectual property rights in any content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Dierbergs.
When using this Site, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, copy, upload, distribute, or in any way exploit any of the Site content, in whole or in part, except as expressly provided. By your use of the Site, you represent and warrant that you are at least eighteen (18) years of age. By your use of the Site to purchase alcoholic beverages, or items containing alcoholic beverages (such as certain gift baskets), you represent and warrant that you are at least twenty-one (21) years of age.
Your Account: If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You warrant to us that your use of any credit card to buy products or services through this Site is authorized and legal. If you create an account through the Site, you authorize that we may automatically enroll you in other client services, loyalty, or rewards programs provided by Dierbergs. You will have the opportunity to opt-out of participation in any of these programs by following the opt-out instructions on the Site, in your account or in other correspondence provided by Dierbergs.
It is your responsibility to notify us of any changes to your registration details, including credit card details. You are also responsible to notify your bank of any loss, theft or unauthorized use of your credit card.
Access and Termination: You agree that we may, in our sole discretion, terminate your password, account or access to this Site, and remove and discard any Site content, for any reason. We may also discontinue providing this Site, or any part of it, with or without notice. You agree that any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and password and all related information and files or bar further access to such files. Further, you agree that we shall not be liable to you or any third party for any termination of your access to this Site. Notwithstanding termination of your access to this Site, you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of this Site is terminated by you or us. Termination of your access to this Site does not terminate the applicability of these terms and conditions, the appropriate provisions of which shall survive in perpetuity (as modified).
These Terms and Conditions May Change: Dierbergs reserves the right to update or modify these terms and conditions at any time without prior notice. By using the Site following such changes, you agreed to accept the modified terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this Site and if you do not agree with any of the modified terms and conditions, please do not use Dierbergs.com.
Electronic Communications: When you visit Dierbergs.com, post material to the Site or send e-mails to us, you are communicating with us electronically. By using the Site or creating an account, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may unsubscribe to such electronic communications by following the instructions on the email itself, or by contacting us below.
Ordering Items: By submitting an order on Dierbergs.com, you offer to purchase products or services selected and submitted to us. If products are in stock and otherwise available, we will accept your order and provide confirmation of such order. Your payment for products, services, shipping or sales tax relating to your order is due upon the submission of your order. Upon submission of your order and acceptance of the order by Dierbergs, Dierbergs will charge your credit card for these products and services. You should receive a system-generated email confirmation upon submission. If your order fails to process, we will not charge you for the products or services. In the event an order cannot be fulfilled by Dierbergs after acceptance, your sole remedy is a refund of the payment for the order and all applicable shipping costs and sales tax.
Order Changes – Food Products: Dierbergs requires 48 hours notice prior to the scheduled pick-up date and time to process order changes. To ensure we can accommodate your changes in a timely manner, please speak directly to a Store Associate by phone or in person in the department where your item was ordered at the store where your order was placed. Store locations and departments are available via your order confirmation email. If your confirmation email is not available, you can find store location and phone information under the “Store Locations” link on Dierbergs.com.
Order Cancellations – Food Products: For fresh prepared food products purchased on Dierbergs.com, Dierbergs does not offer credits or refunds for orders that are cancelled less than 48 hours prior to the scheduled delivery/pickup date and time. If you must cancel your order, please speak directly to a Store Associate by phone or in person in the department where your item was ordered at the store where your order was placed. Store locations and departments are available via your order confirmation email. If your confirmation email is not available, you can find store location and phone information under the “Store Locations” link on Dierbergs.com.
Order Changes or Cancellations – Florist and Gifts: If you must change or cancel your Florist or Gift item purchased on Dierbergs.com, please call 314-692-2000 or 1-800-844-6007.
Product Information: Most products displayed on this Site are also available in select Dierbergs supermarkets. Dierbergs and its vendors attempt to be as accurate as possible with the information available on this Site. Despite our efforts, neither Dierbergs nor its affiliates claim that product or service descriptions or other content on this Site is accurate, complete, reliable, current, or error-free.
The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the United States. You will be charged the prices provided at the time you submit your order to Dierbergs. Prices on the Site match prices of items available in the Dierbergs stores.
Copyright: All of the content you see on this Site, including, but not limited to all of the page headers, images, graphics, typefaces, video clips, recipes and text are copyright and/or other intellectual property rights or licenses held by Dierbergs, one of its affiliates or by third parties who have licensed their materials to us. All software, services, products, resources, information and data is property of Dierbergs.
Health and Wellness Information: The health and wellness information on Dierbergs Site is for informational purposes only.
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE SITE IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION AND VIEWS PROVIDED BY INDIVIDUAL CONTRIBUTORS ON THE SITE SHALL NOT BE ATTRIBUTED TO DIERBERGS.
THE SITES IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE SITE OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.
User Posts; Standards of Conduct: You are responsible for all communications and material you download, submit, publish, post, upload, distribute or transmit (collectively, “Posts”) with respect to the Site, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Site, you will not: (1) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (2) post any topic, name, material, information, software or other content that is unlawful, harmful, threatening, abusive, tortuous, infringing, libelous, inappropriate, profane, vulgar, obscene, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (3) post information, software or other material that you do not have a right to make available under any law (including patent, trademark, trade secret or copyright law) or under contractual or fiduciary relationships (unless you are the owner or have permission from the owner); (4) post any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (5) post, conduct or forward contests, advertisements for goods or services, pyramid schemes, chain letters, junk mail, spam or any other form of solicitation; (6) impersonate any person or entity or falsely state or otherwise misrepresent Users affiliation with a person or entity (7) falsify, forge or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted, (8) interfere with or disrupt the Site or servers or networks serving the Site; (9) use any robot, spider or other automatic or manual device (other than those generally available to third party web browsers) to copy or monitor the Site; or (10) violate any applicable local, state, national or international law.
Dierbergs’ Responsibility; License: You understand that Dierbergs is not responsible for the content of materials Posted on the Site, and therefore, accepts no responsibility or liability for any communication, material or content that may reside in or is accessed by the Site other than Dierbergs’ information. However, by Posting communication, material or content to the Site, you agree to grant and hereby grant, and you represent and warrant that you have the right to grant, Dierbergs a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, publish, distribute and display such communication, material or content in connection with the operation of the Site or to use such communication, material or content for any commercial purpose. All concepts, ideas, comments, manuscripts, illustrations, and other materials disclosed or offered to Dierbergs by you on or in connection with the Site are Posted without any restrictions or expectation of confidentiality.
Dierbergs’ Rights: Dierbergs expressly disclaims any obligation to monitor any materials Posted to the Site. Notwithstanding anything to the contrary herein, Dierbergs reserves the right (in its sole discretion) to (1) monitor any message board, e-mail or other communication on the Site at any time, (2) disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar request, (3) edit, refuse to post or remove any information or material, in whole or in part, that does not conform to these terms and conditions without notice or liability to you, or (4) prevent any user of the Site who has engaged in prohibited conduct under these terms and conditions from further access to the Site, without notice or liability to such user.
Links to Dierbergs.com: Anyone linking to the Site must comply with all applicable laws, the following guidelines and these terms and conditions. A third party site may link to this Site, but may not replicate any content contained therein. In addition, any third party site that links to this Site may not:
- create a border or browser environment around Site content,
- imply that Dierbergs is endorsing it or its products,
- misrepresent its relationship with Dierbergs,
- present false information about Dierbergs, its products or services,
- use the Dierbergs logo or name or phrase without prior written permission from Dierbergs, or
- contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DIERBERGS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIERBERGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS SITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION.
THE LIABILITY OF DIERBERGS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE PRODUCTS, THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRICE OF THE PRODUCTS PURCHASED BY YOU THROUGH THE SITE IN THE SIX MONTHS PRIOR TO THE EVENT WHICH ALLEGEDLY GAVE RISE TO SUCH CLAIM, OR FIFTY DOLLARS ($50).
Geographic Limitation: We are based in Chesterfield, Missouri, in the United States of America. The Site is intended to support our retail store operations in the states of Missouri and Illinois. The services provided by the Site are not intended to be used by and are not offered to residents of California or the European Union.
Copyright Complaints: Dierbergs respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dierbergs’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Dierbergs’s agent for notice of claims of copyright infringement on the Site can be reached as follows:
Dierbergs Markets Inc.
ATTN: Corporate Counsel
16690 Swingley Ridge Rd., Chesterfield, MO 63017
Dierbergs Markets Inc.
ATTN: VP of Marketing
16690 Swingley Ridge Rd., Chesterfield, MO 63017
Website Availability. DIERBERGS CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS .ALTHOUGH DIERBERGS STRIVES TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND DIERBERGS DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Dierbergs does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Dierbergs Markets, Inc.
16690 Swingley Ridge Road
Chesterfield, MO 63017
Modification Date: This Terms and Conditions of Use was last modified as of February 2, 2021.