TERMS AND CONDITIONS OF USE
The following TERMS AND CONDITIONS (“Terms”) constitute an agreement between you and Sprouts Farmers Market, Inc. (“Sprouts,” “we,” “us,” or “our”) that governs your access to and use of the applications to which Sprouts is providing you access (“The Program”).
BY ACCESSING OR USING THE PROGRAM OR BY CLICKING “I AGREE” (OR THE EQUIVALENT, WHERE THAT OPTION IS AVAILABLE), YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU WILL BE BOUND BY THESE TERMS.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE PROGRAM, AND BY ACCESSING OR USING THE PROGRAM AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
- USE OF THE PROGRAM.
Access to The Program is available only to Sprouts team members. Your use of The Program is subject to all Sprouts policies and procedures. You agree you will use The Program only in accordance with those policies and procedures.
Team Members can access The Program through store PCs, mobile tablets, or in-store kiosks (where available). You may have access to a mobile version of The Program to be used at your convenience. Use of the mobile version is wholly voluntary and is not required by Sprouts. If accessing The Program from computer terminals within Sprouts stores, use may be restricted to times when it will not interfere with management activities or the completion of your daily tasks. To ensure that The Program is only used by current Sprouts team members, you will not share any log-in credentials with other team members or any other persons whatsoever. You are responsible for maintaining the confidentiality of any information you use in connection with The Program, including your username and password. You are responsible for all activity on your Program account. If you believe someone else has accessed your account, please change your password, and notify your Sprouts supervisor or the Sprouts Legal Department immediately.
If you are a non-exempt team member, you understand and agree that any access to The Program outside of work hours or while clocked out is voluntary and not a requirement of your work for Sprouts. If you have questions or are requested by management to access The Program outside of work hours, please contact your supervisor, the Human Resources Department, or the Ethics Hotline.
- APPROPRIATE USE.
Provided you comply with these Terms, you may use The Program solely for your own internal purposes in connection with your work for Sprouts. Use of The Program is a privilege. Sprouts may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Program account or your use of The Program and may terminate these Terms, without notice or liability, including if you violate these Terms or any Sprouts policies or procedures. Your use of The Program is subject to Sprouts’ policies regarding the disclosure of trade secrets and other confidential and proprietary information. You are prohibited from misusing or misappropriating any confidential, proprietary business information or trade secrets in violation of Sprouts’ policies concerning such information.
You will not copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse engineer, or create derivative works of The Program without Sprouts’ prior written consent.
You are responsible for complying with all applicable laws, regulations, and policies or all relevant jurisdictions, including all applicable rules regarding online conduct. You will not use The Program for unlawful purposes.
You will not submit inaccurate, incomplete, or out-of-date information via The Program. You will not impersonate or attempt to impersonate another person.
You will not use The Program in a manner that interferes with or disrupts the integrity or performance of The Program. You will not access, use, or copy any portion of The Program, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You will not post or send unsolicited messages, chain letters, spam, or junk mail.
You will not use The Program to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code of programming routines.
- INTELLECTUAL PROPERTY.
The Program, including its test, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Sprouts or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Sprouts or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Program may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2019 Sprouts Farmers Market, Inc. All rights reserved.
- NO EXPECTATION OF PRIVACY.
We may collect certain information about you and from your use of The Program. Collected information broadly falls into the following categories: information that you voluntarily provide to us, and information that we collect through your use of The Program, for example, account activity and, where applicable, data collected by cookies.
Like other electronic media and technology provided to team members by Sprouts, Sprouts provides The Program to facilitate and support company business, and all information collected via The Program, including electronic communications transmitted through The Program, are exclusively owned by Sprouts. Team members should have no expectation of privacy in connection with your use of The Program. Sprouts and its suppliers may use and disclose collected information for any purpose permitted by applicable laws, including without limitation: to operate The Program, to communicate with you, to improve The Program and Sprouts’ products and services; to create aggregate data on The Program users; to protect the integrity of The Program and Sprouts’ systems; and to cooperate with investigations. To access or update your personal information as it exists in our records, please contact Sprouts’ Legal Department.
Team members are encouraged to raise any questions or concerns regarding The Program content or the possible misuse of The Program to their supervisor, the Sprouts Human Resources team, or via Sprouts’ Ethics Hotline. Sprouts may discharge or otherwise discipline team members who misuse The Program.
- INFORMATION SECURITY.
Because information security is a serious issue, Sprouts reserves the right to implement appropriate information security procedures, processes, protocols, and safeguards to help protect information posted on or collected through The Program. This may include, but is not limited to, restricting The Program access to use with in-store wi-fi only; requiring dual authentication; requiring team members to answer security questions as part of log-in procedures; blocking specific IP addresses; tracing usage by IP address; limiting the number of devices on which a team member can be logged in at one time; tracking log-in and log-out activity; disabling access after failed log-in attempts; disabling cut-and-paste functionality and the ability to capture or print screen shorts or other content; restricting uploadable and downloadable content; and setting the duration of inactive time prior to automatic log-out. The storage and communication of information can never be completely secure, so we do not guarantee that communications or other information that you submit or that are otherwise provided to us will be secure.
The availability of programs, materials, and other Program content may change at any time without notice or liability to you.
- NO WARRANTY.
THE PROGRAM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. SPROUTS DOES NOT WARRANT THAT ANY DATA, INFORMATION, OR MATERIAL ON THE PROGRAM IS ACCURATE OR RELIABLE. SPROUTS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE PROGRAM. SPROUTS DOES NOT WARRANT OR GUARANTEE THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVERS THAT MAKE THE PROGRAM AVALIABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
SPROUTS EXPRESSLY DISCLAIMS ALL WARRANTIES OR ANY KIND WITH RESPECT TO THE PROGRAM, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQIUREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. YOUR USE OF THE PROGRAM IS AT YOUR OWN RISK.
- LIMITATION OF LIABILITY.
IN NO EVENT WILL SPROUTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PROGRAM, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF SPROUTS HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE, WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SPROUTS’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- THIRD-PARTY WEBSITES AND APPLICATIONS.
- INTERPRETATION; SURVIVAL.
Subject to any other agreements applicable to your work for Sprouts, these Terms are the entire agreement between you and Sprouts with respect to your access to and use of The Program. Sprouts’ failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sprouts. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Sprouts’ successors and assigns.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding limitation of our liability or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of The Program.
Sprouts works to make its website accessible to all, including those with disabilities. If you are having difficulty accessing this website, please call or email us at 480-814-8016 or [email protected] so that we can provide you with the services you require through alternative means.
These Terms are governed by the laws of the state of Arizona, without regard for its conflict of law principles. Venue is exclusive in the state or federal courts, as applicable, located in Maricopa County, Arizona, with respect to any dispute arising under these Terms, unless otherwise determined by Sprouts in its sole discretion, and the parties expressly agree to the exclusive jurisdiction of those courts.
Any questions concerning The Program or these Terms should be directed to Sprouts’ Legal Department.