This website and mobile app (together, the “Site”) is provided by Tawa Supermarket, Inc., DBA 99 Ranch Market, together with its affiliates and subsidiaries (collectively as “99 Ranch Market”) as a service to our customers. The Site includes, without limitation, services and information of general interests to its customers, such as products, program, pricing, marketing and other valuable information and contents such as data, text, images, photographs, graphics, designs, icons, video clips, programs, messages or other materials (“Contents”).

By accessing and using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”) and all applicable laws. These Terms of Use affect your legal rights and obligations. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular Contents may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas. These Terms of Use, together with such additional terms and conditions, where applicable, and 99 Ranch Market’s Privacy Policy are collectively referred to as the “Agreement.” If any inconsistency exists between these Terms of Use and such additional terms and conditions or 99 Ranch Market’s Privacy Policy, these Terms of Use will be controlling.

99 Ranch Market reserves the right to modify these Terms of Use, 99 Ranch Market’s Privacy Policy, and any other terms and conditions of the Agreement at any time without prior notice. Your continued use of the Site following any such modification constitutes your unconditional agreement to follow and be bound by the Agreement, as modified. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms of Use. Please review this link on a regular basis for any changes. The last date these Terms of Use were revised is set forth below.

INTELLECTUAL PROPERTY
Unless otherwise noted, any and all Contents posted on the Site are protected by United States and international copyright, trademark and other laws, and belongs to 99 Ranch Market, or its partners, contributors, or third parties. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of 99 Ranch Market and is also protected by U.S. and international copyright laws. In addition, the names, images, pictures, logos and icons identifying 99 Ranch Market’s products and services are proprietary marks of 99 Ranch Market. All other marks are the property of their respective companies. Except as expressly provided below, access to this Site does not confer and shall not be considered as conferring upon anyone any license or right, by implication, estoppel or otherwise, under any of 99 Ranch Market’s or any third party’s copyright, trademark or other intellectual property rights.

LICENSE AND SITE ACCESS
99 Ranch Market grants you a personal, non-exclusive, non-transferable, limited license to view and use the Site and the Contents, and to download, copy, print and/or store insignificant portions of the Contents retrieved from this Site provided, however, that you (a) use only for your own personal, non-commercial purposes; (b) do not copy or post the Contents on any network computer or transmit, distribute, publish or broadcast the Contents in any media; and © do not modify or alter the Contents in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Contents, materials or software is transferred to you as a result of this license. You may not reproduce (except as expressly provided above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software, without the express written permission of 99 Ranch Market. All software used on this site is the property of 99 Ranch Market or its suppliers and protected by U.S. and international copyright laws. 99 Ranch Market reserves complete title and full intellectual property rights in any Contents you download from the Site, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.

You may not mirror or frame the home page or any other pages of this Site on any other web site or web page, You may not connect “deep links” to the Site, or in other words, create links to this Site that bypass the home page or other parts of the Site. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

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, and you agree to accept responsibility for all activities that occur under your account or password. 99 Ranch Market may sell products (ie. snacks) for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. 99 Ranch Market reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

DISCLAIMERS
4.1. Third Party Sites

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply 99 Ranch Market’s endorsement, sponsorship or recommendation of the third party, information, product or service, unless expressly stated on the Site. 99 Ranch Market is not responsible for the (a) content or accuracy of, (b) technology implemented by, or © privacy practices of third party sites and all use is at your own risk. You should review the terms and conditions of use and privacy policy for each third party site and confirm they are acceptable prior to the use of the site.

4.2. Downloading Files

99 Ranch Market cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Site and the service and the accuracy of the Contents shall be borne solely by you.

4.3. 99 Ranch Market Services and Programs

99 Ranch Market may make changes and/or improvements in the scope of services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain services and/or programs may not be available in your location. References to those services and/or programs do not imply that 99 Ranch Market intends to offer them in your location. 99 Ranch Market controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations. Restrictions may apply, please see store for details.

4.4. Product Availability

The availability of certain products shown on Site may be limited and may not always be available in our Online Shopping or in stores for immediate purchases. All specials and promotions are of limited quantities, while supplies last. No rain checks will be issued to customers. Product availability may vary by store. Restrictions may apply, please see store for details.

4.5. Product Information

While 99 Ranch Market strives to provide accurate product and pricing information on the Site, pricing or typographical errors may occur. Prices and availability of products in our Online Shopping and in stores are subject to change without notice. Any nutritional information or other information on the Site about products is provided by 99 Ranch Market “AS IS”, and 99 Ranch Market does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If you rely on that information, you do so at your own risk. If you have any questions about a product, you should contact the manufacturer directly.

4.6. Pricing Information

With respect to items sold by 99 Ranch Market’s Online Shopping, we cannot confirm the price of an item(s) until your order has been placed; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our Online Shopping catalog may be mistakenly priced. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices for products may differ from our Site than from prices available in 99 Ranch Market physical stores.

4.7. Health Information

99 Ranch Market may provide health-related information on the site. That information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, change in health, or following any treatment or regiment. Only your physician can provide you with advice on what is safe and effective for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. 99 Ranch Market does not endorse or recommend any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Your reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.

4.8. Nutritional Information

99 Ranch Market may provide nutritional information about recipes on the Site. That information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutritional information significantly. 99 Ranch Market does not warrant the recipes contained on the Site or the results of preparing the recipes.

4.9. Food Safety Information

99 Ranch Market may provide information about safe food handling and preparation methods for informational purposes only. The information is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.

4.10. Promotional Offers

From time to time, the Site may provide information about promotional offers that 99 Ranch Market sponsors, alone or in connection with others. It is not always possible to include all the details concerning such promotional programs on the Site. Detailed information about such programs will be available at your participating 99 Ranch Market locations and 99 Ranch Market encourages you to review this information before participating in any promotional programs. Promotional offers are subject to local law and are void where prohibited.

4.11. International Use

99 Ranch Market makes no representation that the Contents are applicable or appropriate for use in locations outside the USA. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.

4.12. Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

RIGHT TO CHANGE SITE AND THESE TERMS AND CONDITIONS
99 Ranch Market, acting in its sole discretion, may change or discontinue all or part of the Site and these Terms of Use, including any and all of the Contents at any time, without giving you notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

TERMINATION
99 Ranch Market, acting in its sole discretion, without notice, may terminate this Agreement at any time and may deny and/or terminate any person access to, or use of, all or part of the Site, including any or all of the Contents. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Upon any termination of the Agreement by either you or 99 Ranch Market, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY 99 RANCH MARKET ON AN “AS IS” AND “AS AVAILABLE” BASIS. 99 RANCH MARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENTS, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 99 RANCH MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, THE CONTENTS, OR THE PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. 99 RANCH MARKET DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. 99 RANCH MARKET DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS, OR THAT ANY ERRORS IN THE CONTENTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall 99 Ranch Market and any of its employee, director, officer, subcontractor, agent, vendor, supplier, successor or assign be liable to you or to any other person for any direct, indirect, special, incidental, consequential, special, punitive, exemplary, or other damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, arising out of or in connection with (a) the use of or inability to use the site, the service and/or the contents; (b) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the contents; © unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or the service; (e) or any other matter relating to the site, the service, or the contents, even if 99 Ranch Market has been advised of the possibility of such damages. If you are dissatisfied with the site, the contents, the service, or the agreement, your sole and exclusive remedy is to discontinue using the site. You acknowledge by your use of the site that your use of the site is at your own risk. Because some jurisdictions do not allow the exclusion or limitation for damages, some of the above limitations may not apply to you. In such jurisdictions, 99 Ranch Market’s liability is limited and warranties are excluded to the greatest extent permitted by law, but 99 Ranch Market’s liability, in no event, shall exceed $100.00 USD (one hundred dollars).

INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Site. You agree to defend, indemnify and hold harmless 99 Ranch Market, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licencors, employees, agents, and any third-party information providers to the service from and against any and all claims, losses, damages, costs and expenses (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, arising from or related in any way to your use, misuse, or inability to use the Site or the Contents, or any violation by you of this Agreement.

PRIVACY
99 Ranch Market considers protecting your personal data to be important, and has developed a Privacy Policy describing data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

USER CONDUCT
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; © rendering the Site inaccessible to others and/or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” ”spamming,” “mail bombing” or “crashing;” (d) imposing an abnormal or unreasonable burden on the hardware or software infrastructure for the Site; (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (g) otherwise causing damage to the Site or the Contents. Violations of system or network security may result in civil or criminal liability. 99 Ranch Market will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Mozilla Firefox, Safari, Google Chrome, Opera).

CONSENT TO EMAIL COMMUNICATIONS AND AUTOMATED TEXT MESSAGES
12.1. Overall

By providing your residential / wireless phone number and/or email address to 99 Ranch Market, you expressly consent to receive automated text messages and phone calls, and emails from 99 Ranch Market to communicate information to you regarding your order(s) and marketing promotions. You further agree that we may communicate with you by email or by posting notices on the Site. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number 1-800-600-TAWA [8292], or by emailing your request to legaldept@tawa.com. Your carrier’s standard message rates will apply to text messages received from 99 Ranch Market.

Any communication or other information sent to 99 Ranch Market via email or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by 99 Ranch Market for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to 99 Ranch Market.

12.2. SMS program

99 Ranch Market SMS program is for marketing purposes. Once users opt-in, they will get marketing messages (discounts, offers, sweepstakes, etc.) in the form of SMS messages.
You can cancel the SMS service at any time. Just text “STOP” to the shortcode. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-800-600-8292
Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://www.99ranch.com/privacy-policy
USER SUPPLIED INFORMATION
99 Ranch Market may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, “submit”), including but not limited to, messages, text, files, graphics, photos, illustrations, personal stories, reviews, comments, feedback, suggestions, ideas, sounds, music, videos, information, content, or other materials (“User Content”). All User Content submitted to 99 Ranch Market on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain 99 Ranch Market’s property. By disclosing, submitting or posting any User Content to the Site, you automatically grant 99 Ranch Market the royalty-free, irrevocable, perpetual, worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. 99 Ranch Market will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. 99 Ranch Market will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose, in any manner, in whole or in part, without restriction or responsibilities to you. 99 Ranch Market has the right, but not the obligation, to screen User Content submitted or posted to the Site by third parties, and to remove or edit any such materials for any reason and without notice.

99 Ranch Market is and shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay to user any compensation for any User Content; or © to respond to any User Content. If you submit any User Content to the Site, you guarantee that you have the legal right to submit such User Content and that any User Content submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Site will be or contain materials that (i) are defamatory, abusive or obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (ii) encourage unlawful, tortuous, or unsafe conduct; (iii) advertise goods or services; (iv) solicit funds; (v) advocate for any political candidate or position; or (vi) are chain letters, mass mailings or any form of “spam”.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
99 Ranch Market respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 99 Ranch Market’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 99 Ranch Market that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
99 Ranch Market Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent

Tawa Supermarket, Inc.- Legal Department

6363 Regio Avenue

Buena Park, CA 90620

E-Mail: legaldept@tawa.com

GENERAL
15.1. Entire Agreement/ No Waiver

This Agreement constitutes the complete and entire agreement between the parties and supersedes all prior agreements and representations between them. The failure of 99 Ranch Market to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit 99 Ranch Market’s rights with respect to such breach or any subsequent breaches.

15.2. Correction of Errors and Inaccuracies

The Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. 99 Ranch Market therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Contents at any time without prior notice. 99 Ranch Market does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

15.3. Enforcement; Choice of Law

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, it will not affect any other provision of the Agreement, all of which will remain in full force and effect. This Agreement shall be governed by and construed under California law, USA, without any regard to any conflict-of-laws provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Orange County, California, and jurisdiction therefore shall rest solely in California, USA. In the event of any action, suit, or proceeding arising from or based upon your use of this site, brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.

15.4. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to customerservice@tawa.com. You may also contact us by writing at 6338 Regio Ave., Buena Park, CA 90620 c/o Legal Department, or by calling us at the following toll-free number 1-800-600-TAWA [8292]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT OF 2010

99 Ranch Market supports the goals of the California Transparency in Supply Chains Act of 2010 (SB 657) and is committed to conducting business in a legal, ethical and responsible manner. We expect our suppliers to respect and adhere to the same business philosophy in the operation of their businesses. We have and are in the process of undertaking efforts to ensure and verify the absence of forced labor and human trafficking in our supply chain. Our actions in this area include the following:

Verification
We are a proud member of the California Grocers Association, Food Industry Business Round Table, and other industry working groups dedicated to driving improvements in ethical business practices in the retail food industry through industry education and government relations to actively provide a unified voice on critical issues affecting the retail food industry. We do not presently engage in geographic evaluations of our product supply chains to evaluate the risk of noncompliance in human rights and labor issues. However, it is our intent to establish a policy and/or utilize a third party auditor to conduct such verification of our major suppliers.

Auditing
We perform random on-site auditing of our major local suppliers that include food safety, product quality and social responsibility. The verification is not an independent unannounced audit.

Certification
We are in the process of requiring all our major suppliers to certify that they and the manufacturers of the products they sell to 99 Ranch Market do comply with applicable laws and regulations regarding slavery and human trafficking. This requirement will be incorporated into our supplier agreements.

Internal Accountability
We are committed to responsible and ethical conduct in the workplace. Our business practices have been governed by honesty, fair dealing, integrity and full compliance with applicable laws and regulations. All of our employees must adhere to our Employee Standards of Conduct, which requires compliance with all laws and regulations, including laws regarding slavery and human trafficking. Employees who violate the Employee Standard of Conduct may result in disciplinary action up to and including termination of their employment.

Training
We are in the process of providing employee training regarding slavery and human trafficking to those who have direct responsibility for supply chain management.

Last updated: January 15, 2021