By accessing this website you agree to be bound by the terms and conditions described herein. We recommend reviewing these each time you access this site, as they may have been revised since your last visit. Should you become dissatisfied with these terms and conditions, your sole remedy is to refrain from accessing this site.
Ownership of Website
This website is owned and maintained by Southport Grocery and Cafe for use by its members and prospective members.
Informational Purposes Only
The material contained herein is for informational purposes only. Except as expressly set forth, the information contained herein is not an offer to sell or a solicitation to buy any product or service. Should you decide to purchase products or services from Southport Grocery and Cafe, both you and Southport Grocery and Cafe will be bound by the terms and conditions of your contract and NOT by the information contained in this website. Products and services described on this website may not be available in all jurisdictions, and you are solely responsible for compliance with any local, state and federal laws associated with your use of this site or the products and services described herein.
Disclaimer of Warranty
Materials located on this web site are provided “as is” without any representations of warranties whatsoever, either express or implied, to the fullest extent allowed by applicable law, including but not limited to warranties of non-infringement, merchantability and fitness for a particular purpose. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. Southport Grocery and Cafe does not warrant the information on this website to be error-free, or that its contents are current or accurate at any given time. Southport Grocery and Cafe reserves the right to make change products and services described herein at any time with or without notice to you; however, Southport Grocery and Cafe has no obligation to update these materials. Southport Grocery and Cafe does not warrant that the materials on or accessible from this website are free from viruses, worms, time-bombs or any other devices which may result in damage to you, your data, your computer equipment or other property. Southport Grocery and Cafe does not warrant that this website will be accessible at will or in all geographic areas. Southport Grocery and Cafe does not warrant that your use of materials displayed on this website will not infringe upon rights of third parties not owned by or affiliated with Southport Grocery and Cafe.
Typographical Errors
In the event a product is listed at an incorrect price or incorrect information due to a typographical error or error received from a supplier, Southport Grocery and Cafe has the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your credit card charged.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Southport Grocery and Cafe reserves the right at any time after receipt of your order to accept or decline your order for any reason. Southport Grocery and Cafe reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Limitation of Liability
In no event will Southport Grocery and Cafe be liable for any damages whatsoever arising out of your use of this web site, including direct, special, punitive, consequential, indirect or exemplary damages and including without limitation, loss of profits, data, business or use. This limitation of liability shall be applicable regardless of the form of any action, including negligence, tort, contract or otherwise. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Restrictions on Use Content from this website may be downloaded and/or reprinted for personal use only, provided you retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reproduce, republish, or otherwise use the content of this website in any way for public or commercial purposes without Southport Grocery and Cafe’s prior written permission. You may not upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or regulation unless you own or control the rights thereto or have received all necessary consents. You may not upload files that contain a virus or any other program designed to interfere with the operation of this website or computers linked to this website.
Links to Other Web Sites
This web site may link to other web sites that are not maintained by Southport Grocery and Cafe. Southport Grocery and Cafe does not make any representations or warranties whatsoever regarding the material contained on such web sites, and Southport Grocery and Cafe’s inclusion of a hyperlink does not constitute an endorsement or recommendation by Southport Grocery and Cafe.
Trademarks and Copyrights
Unless otherwise indicated, all logos, trade names, and domain names appearing on this web site are the property of Southport Grocery and Cafe. Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or service mark displayed on this website without the written permission of Southport Grocery and Cafe or any third party that may own the trademarks or service marks displayed on this website. Your use of the trademarks or service marks displayed on this website, or any other content on this website except as expressly provided herein is strictly prohibited. Any unauthorized use of the images contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this website could result in criminal or civil penalties.
U.S. Government Rights
United States Government license rights in the materials appearing on this website are limited to those mandatory rights identified in DFARS 252.227-7015(b) and all other applicable laws and regulations. All other use is prohibited without the prior written approval of Southport Grocery and Cafe. Use of any of the materials appearing on this website by the Government constitutes acknowledgment and acceptance of Southport Grocery and Cafe’s proprietary rights in the materials.
Indemnification
You agree to indemnify, defend and hold harmless Southport Grocery and Cafe, its officers, employees, licensees, successors, and assignees, affiliated merchants, content, technology and service providers, advertisers and sponsors, from and against any and all third-party claims, demands, losses, liability, damages or expenses (including reasonable attorney’s fees) arising out of breach of these Terms and Conditions of Use or the use of the website or any materials, products or services available at this website, by you or under your control.
Termination
You acknowledge and agree that Southport Grocery and Cafe may terminate or deny access to all or part of the services, products or materials available on this website without prior notice if you engage in any conduct or activities that Southport Grocery and Cafe, in its sole discretion, believes violates any of these Terms and Conditions or any other rule, regulation or applicable law. Neither Southport Grocery and Cafe nor any of its officers or employees shall be liable to you in the event of such termination.
Governing Law
You agree to comply with all applicable laws and regulations of the various states and of the United States, including all export and re-import laws and regulations. These Terms and Conditions of Use will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Illinois without reference to its choice of law principles. To the extent any dispute is not resolved as indicated above, the parties agree not to commence or prosecute any suit or claim to enforce these Terms and Conditions of Use or otherwise arising under or by reason of these Terms and Conditions of Use, other than in the Federal and State courts of competent jurisdiction in the State of Illinois, Lake County.
Severability
If any provision of this agreement is found to be invalid, all other terms and conditions of this agreement shall remain unaffected and shall continue in full force and effect.
Waiver
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by a duly authorized representative, partner or owner of the party claimed to have waived or consented. Should either party consent, waive or excuse a breach by the other party, whether express or implied, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.