Terms and Conditions

# Information About Our Website and E-Commerce Services

The online ordering service of Trig's (“Merchant”) associated with our this website is offered to you through participating stores only. You are able to use the online ordering service to purchase goods online for the purpose of picking up from and/or delivering to specified locations. My Cloud Grocer (MCG) is a technology service provider that hosts the online ordering service on behalf of Trig's. This online grocery shopping website and associated online ordering service (MCG Service) is owned and maintained by My Cloud Grocer. Through the Site and MCG Service, Trig’s may advertise, promote and offer its goods and services.

These Terms & Conditions (TOC) govern your access to and use of the Site and MCG Service. You should carefully read the following TOC. Your use of our site means that you have read and understand these TOC and that you have entered into a binding legal agreement with MCG and will be bound by these TOC. If you do not accept and agree to be bound by all of the terms and conditions of these document you should discontinue your use of the site and MCG Service. In addition, when using the MCG Service on or through our website, you shall be subject to any terms or rules applicable to the MCG Service, if any, which are in addition to these TOC. All such terms or rules are hereby incorporated by reference into these TOC, and if you do not agree with them you should not use the MCG Service.

1. Privacy Policy.

In hosting this site and the MCG Service, both Trig’s and MCG collect and handle personal information. Our privacy policy (“Privacy Policy”) provides further information about the purposes for which information is collected, and you can gain access to the information we hold about you. The Privacy Policy contained on the Site is incorporated in these TOC by reference, but these TOC shall govern any conflict or inconsistency with such Privacy Policy. If you are under the age of 18, you should discontinue your use of the site and MCG Services.

2. Registration and Operation.

2.1 You acknowledge and agree that to use some areas and functionality of the site and MCG Service requires registration and that you provide all information required by MCG during the registration process (“User Information”). By registering and providing the User Information, you warrant that: • you will provide up-to-date, complete, current and accurate information and will continually update all User Information as required; • you will keep the registration details, including username(s) and password(s), secure and confidential; and • the User Information is not misleading, false, fraudulent or defamatory and does not infringe the intellectual property rights of any third party.

2.2 Once you have become an authenticated user, you will create one or more personal, non-transferable passwords. You are and will be responsible for maintaining the confidentiality of that password, for all activities conducted on and with the site and MCG Service that make use of that password, and for any charges or fees incurred by the use of that password, including any use you may subsequently contend was not unauthorized by you.

2.3 Should Trig’s or MCG suspect that such information is untrue, inaccurate, not current or incomplete, Trig’s and/or MCG has the right to suspend or terminate your usage of the site and MCG Service. Trig’s and MCG are entitled to rely on the information you provide, and you will be responsible for updating this information to maintain it as current. Accounts are non-transferable and cannot be shared or used by more than one individual or entity.

3. License.

Subject to these TOC, MCG and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, print and use certain text, images, photographs, documents, information and other materials contained or displayed in or made available through the Site (collectively, “Materials”); (b) access and use the MCG Service; and (c) use the tools and software on the site (collectively, “Software”); solely for your own personal and non-commercial use. In these TOC, all references to the “site” shall be deemed to include all “Software” and “Materials” and the “MCG Services,” unless otherwise expressly indicated. All rights not expressly granted by Trig’s or MCG to you are retained by Trig’s and/or MCG, and you may not use the site and/or any element of the site in any manner or for any purpose not expressly authorized by these TOC. The rights granted to you do not include, and are not applicable to, the design or layout of the site, photography of Trig’s or brand images, which are protected by trademark/copyright and other laws and may not be copied or imitated in whole or in part.

4. Restrictions

Removal. You shall not: (a) remove or destroy any proprietary marks or legends on or in the site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the site for any commercial or other money-making purpose. You acknowledge that certain elements of the site are, or may in the future be, licensed to MCG by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Trig’s or MCG.

5. Amendments to Site, TOC and Privacy Policy.

Trig’s and/or MCG reserves the right to change the features and functionality of the site (including the MCG Service), terms and conditions of these TOC, the Privacy Policy and/or any of its other policies relating to the site, at any time in its sole discretion. MCG shall notify you of such changes by posting the changes on the site. You are responsible for regularly reviewing the site and these TOC regarding such changes. Continued use of the site after any such changes have been posted shall constitute your agreement to them.

6. Account Information and Data.

6.1 MCG does not own any personal data or information that you submit to be used by MCG to provide any MCG Services (“Data”), unless MCG specifically tells you otherwise before you submit it. However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data. As such, Trig’s has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on MCG’s servers, including all of your Data which is stored in a form that is not identifiable as yours. You understand and agree that MCG may use and disclose your Data in accordance with the Trig’s Privacy Policy, referenced above including to (a) customize any promotional or advertising material made available on the MCG Service, (b) contact you with information regarding the MCG Service, and/or (c) monitor your use of the MCG Service, all of which will be approved by Trig’s.

6.2 MCG will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without Trig’s and your prior permission except in accordance with these TOC and the Privacy Policy. Please be aware that MCG may provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. MCG may access your account, including its Data, to respond to Service or technical problems or as stated in these TOC.

6.3 You, not Trig’s or MCG, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and MCG shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which Trig’s or MCG takes in reliance upon your Data.

7. Ownership.

MCG and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the MCG Service, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

8. Marks and Logos.

All names, marks, symbols and logos used in connection with the Site are trademarks of Trig’s, MCG or other third parties (the “Marks”). Trig’s and/or MCG grants you no license, permission or authorization to reproduce or use any Marks, whether owned by Trig’s, MCG or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without MCG’s prior express written consent.

9. Third Party Services.

9.1 In your use of the site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions by Trig’s showing its products and/or services through the site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and Trig’s. MCG is not the supplier of any of the goods or services offered through the Site. MCG does not participate in or moderate any transactions or disputes between you and the Trig’s. MCG shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and the Merchant.

9.2 Trig’s is entirely responsible for all goods and services offered via the Site. Because MCG is not and cannot be a party in your communications, interactions and/or transactions with the Trig’s on or through the MCG Service, in the event that you have a dispute with Trig’s, you acknowledge that your sole and exclusive remedy is against the them.

9.3 Representations about goods and services are based on information and material provided to MCG by the Merchant. For the avoidance of doubt, you acknowledge that MCG takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including the Merchant, on the MCG Service.

9.4 All disputes relating to any offered goods and services must be directed to Trig’s and you hereby release and hold MCG, its subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, suits, liability, loss, expenses, fees (including attorneys’ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

9.5 Any dispute between you and Trig’s must be resolved by you and them. MCG is under no obligation to resolve or assist you in resolving a dispute with Trig’s (the merchant). For the avoidance of doubt: • MCG does not provide food or beverages, and is not a seller of food or beverages (including liquor). It is in the discretion of the Merchant to offer food and beverages for sale which may be purchased through use of the Site; and • MCG is not an agent, partner or joint venture of the Merchant.

9.6 MCG may offer information and a method to obtain the details of the products or services for sale from the Merchant, and will not and does not intend to provide or make a representation in respect of the quality or availability of such products or services or act in any way as a seller of food or beverages, and has no responsibility or liability for any products or services provided to you by the Merchant or any other third parties.

10. Third Party Sites and Materials.

10.1 Please exercise discretion while browsing the Internet using our website and the MCG Service. You should be aware that when you are on our site, you could be directed to other sites that are beyond Trig’s or MCG’s control. There may be links to other sites from these pages that take you outside of Trig’s or MCG’s Site. This may include links from advertisers, sponsors and content partners. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, any advertisers on the site may send cookies to users that Trig’s and/or MCG does not control. Trig’s and MCG reserves the right to disable any links from third party sites to our site and the MCG Service at any time in its sole discretion.

10.2 Trig’s and/or MCG is not affiliated with, nor does either endorse or sponsor, any sites on the Internet that may be linked through or to the Site. Trig’s and/or MCG provides any such links to you only as a matter of convenience, and in no event shall Trig’s or MCG be responsible or liable for any information, content, products, services or other materials on or available from or through such sites. Trig’s and/or MCG explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site or MCG Service. Trig’s and MCG has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Trig’s and MCG do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Trig’s and/or MCG with respect to such sites and third party content. Trig’s and MCG strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

11. Your Additional Responsibilities.

You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Trig’s and MCG immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of the site or MCG Service that is known or suspected by you. Trig’s and MCG shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data, any material, information or data sent or received, regardless of whether the data is actually received by Trig’s or MCG, or any transactions entered into through the Service or failure to abide by these TOC.

12. Compliance with Laws; Prohibited Activities.

You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site. Without limiting the foregoing, you shall not use the Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the site or computer systems or networks connected to the site through password mining or any other means; (site) harass or interfere with another user’s use and enjoyment of the Site; or (i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devises, or providing pirated content or links to pirated content files. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of our site or any MCG Service, or to intercept any system, data or personal information from our site, nor will you take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure.

13. Indemnification.

You shall indemnify, defend and hold Trig’s and/or MCG, its licensors and information providers, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your: (a) access to and/or use of the Site; (b) Data and other information provided to Trig’s and/or MCG; (c) breach of these TOC; and/or (c) violation of any applicable law or right of a third party.

14. Disclaimer of Warranties.

14.1 You acknowledge that: the site could include technical or other mistakes, inaccuracies or typographical errors; The site may become inoperable or otherwise unavailable for periods of time; Materials and/or services at the site may be or become out of date and Trig’s and/or MCG will work to maintain accuracy as possible but make no commitment to update such materials or services. Trig’s and MCG assume no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to third parties, their services and products are provided “as is” without warranty of any kind, either express or implied.

14.2 Your use of this site and MCG Service is at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information obtained by you from Trig’s or MCG, or through or from the site, shall create any representation or warranty by Trig’s or MCG.

14.3 The site is provided to you on an “as is” basis, without any representation or warranty of any kind or nature. Without limiting the foregoing, neither Trig’s nor MCG, its licensors nor any content providers make any representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, or that the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, systems or data.

14.4 All other conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Trig’s and/or MCG, its licensors and content providers.

14.5 You acknowledge that to the extent permitted by law, Trig’s and/or MCG do not accept liability for any errors, omissions, expenses, losses or damages caused by your access or inability to access and/or use our site or MCG Service, representations made by the merchant through the MCG service (including where inaccurate information or material has been provided), your dealings with Trig’s arising from any use of the MCG service and/or any failure in the networks or servers used to provide the MCG Service (including breach of security or integrity in connection with the MCG Service).

15. Limitation of Liability and Actions.

Regardless of the form of action or theory of recovery, in no event shall Trig’s and/or MCG, its licensors or content providers be liable or responsible to you in connection with the site, or your use thereof, for any: (a) indirect, consequential, incidental, special, punitive or exemplary damages, even if they are aware of the possibility of such damages; (b) Lost profits, lost revenue, loss of data, lost expectancy, business interruptions and/or benefit of the bargain damages; and/or (c) direct damages in an amount greater than $500.00. Any claim related to the site must be initiated within one (1) year of the date you knew, or reasonably should have known, of the existence of such claim against Trig’s and/or MCG. For avoidance of doubt, direct damages do not extend to goods or services supplied by the merchant.

16. Export.

16.1 Trig’s and MCG controls and operates the site and MCG Service from its locations in the United States of America (Wisconsin and New York). The MCG Service is only available to users located in United States. Trig’s and/or MCG make no representation that the site or MCG Service is appropriate or available for use in other locations. Those who choose to access the site or MCG Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are expressly prohibited from using or accessing the Site from any location in which the site, MCG Service and/or any Software, Materials and/or site or MCG Service would violate any law within of that jurisdiction. Any diversion of the site, Software, Materials and/or MCG Service contrary to United States law is prohibited.

16.2 Software from the Site may further be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Term and Termination.

17.1 These TOC, and your right to access and use the site and MCG Service, are effective until terminated by either you, Trig’s, or MCG. You may terminate these TOC at any time by discontinuing use of the Site and destroying all materials obtained from or through the Site, and all related documentation and all copies and installations thereof (e.g. Mobile App), whether made under these TOC or otherwise.

17.2 These TOC, and your access to and/or use of the site and MCG Service, may be terminated by Trig’s and/or MCG immediately without notice to you for any reason including, but not limited to, if in Trig’s or MCG’s sole discretion you fail to comply with any term or provision of these TOC, provide false, inaccurate or misleading information, commit fraudulent acts, transmit any computer virus or malicious code, allow anyone else to have or use your payment methods or password details, or tamper, hack modify, or otherwise corrupt the security or functionality of the Trig’s site or MCG Service. Upon termination, you must destroy all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOC or otherwise.

17.3 Subject to the terms of these TOC, all provisions of these TOC relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these TOC shall survive termination of these TOC.

18. Wisconsin Law and Jurisdiction.

In order to ensure consistency in the interpretation and enforcement of these TOC and Trig’s and/or MCG’s rights in the Site, these TOC will be governed exclusively by Wisconsin law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and Trig’s and/or MCG related, in any way, to the site or MCG Service and/or these TOC, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Wisconsin, and/or the Circuit Court of the County of Oneida, Wisconsin. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

19. Notice and Procedure for Making Claims of Copyright Infringement.

19.1 If you have a comment, dispute or complaint about Trig’s or the MCG Service or believe your account may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity, you must contact Trig’s or MCG immediately. You can notify Trig’s and/or MCG about your account or MCG Services as follows:

Online Form Submission

https://trigs.com/contact

Mail

Trig’s: T.A. Solberg, Co., Inc., Attn: Kindl Furtak, 420 Oneida Street, Minocqua, WI 54548

My Cloud Grocer: 319 Kingston Avenue, Suite 300, Brooklyn, NY, 11213 19.2

Trig’s or MCG may give notice to MCG Service’s users by means of a general notice on this site or landing page, electronic mail to a user's e-mail address on Trig’s or MCG’s records, or by written communication sent by first-class mail to a user's address on Trig’s or MCG’s records.

20. Severability.

If any provision of these TOC is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOC shall remain in full force and effect.

21. Waiver.

The failure of Trig’s and/or MCG to enforce any right or provision in these TOC shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trig’s and/or MCG in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these TOC.

22. Relationship.

The relationship between you and Trig’s or MCG is that of independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and Trig’s and/or MCG as a result of these TOC or your access to the site or MCG Service. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.

Revised 9/16/2020

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