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Terms & Conditions

Last Updated on July 9, 2025 

Roche Bros. MidCo, LLC,. (“Roche Bros.”, “we”, “us” or “our”) provides our Service (described below) and related content to you through our website located at rochebros.com, [email protected], onlineshopping.rochebros.com, or catering.rochebros.com (collectively, the “Site”) and through our mobile applications and related technologies (“Mobile Apps” and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”).  All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”).  

By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and within the Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service. 

Your Privacy: At Roche Bros., we respect the privacy of our users.  For more information, please see our privacy policy, located at https://www.rochebros.com/privacy-policy/ (the “Privacy Policy”). 

Additional Terms: In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on or within such Services from time to time.  All such terms are hereby incorporated by reference into these Terms of Service. 

Access and use of the Service 

Service Description: The Service is designed to allow you to browse our store ads and specials, keep up to date on the latest food trends, shop remotely for pickup or delivery, place catering orders and access digital coupons and promotions 

Your Registration Obligations: You may be required to register with Roche Bros. or provide information about yourself (e.g., name, phone number and email address) to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You hereby represent that you are 13 years or older. 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Roche Bros. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Roche Bros. will not be liable for any loss or damage arising from your failure to comply with this paragraph. 

Modifications to Service: Roche Bros. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Roche Bros. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

General Practices Regarding Use and Storage: You acknowledge that Roche Bros. may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Roche Bros.‘ or its third-party service providers’ servers on your behalf. You agree that Roche Bros. has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Roche Bros. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Roche Bros. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

Grocery Ordering and Delivery – onlineshopping.rochebros.com and shopping.rochebros.com 

Timing: Available delivery time and/or pick-up periods and associated service fees will be shown as you proceed through the ordering process. You can place your order 2 weeks prior to your delivery or pickup date. You may cancel your order via the “My Orders” section of the Site. Note that updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders less than four hours prior to a scheduled delivery will result in a Restocking Fee. This fee will be $9.95 for all orders. These fees will be charged to your credit card on file. 

Receipt of Goods: To receive delivery, you or a designated recipient (18 years or older; someone at least 21 years old with proper identification for delivery of alcohol and/or tobacco) may be available in person to receive goods.  Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. This designated recipient can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself and must agree to sign for delivery. We will use commercially reasonable efforts to contact you ahead of your delivery. If no one is available to receive the goods, your delivery may be left at your door (except for alcohol or tobacco) or possibly returned to the store if we cannot get in touch with you. In some cases, there will be a redelivery fee. If we are unable to deliver the order to you for any reason, the order will be canceled, and you will be charged the restocking fees as noted in the section above. 

Your order will arrive with a receipt that will list all of the items you have received and were billed for. If you have a question with your order, please call Customer Service at the phone number listed on the Site. 

Product Images and Information: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Site. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Roche Bros. MidCo, LLC., its Content provider(s), nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions. 

Alcohol Delivery Policy: Because Roche Bros. is committed to providing responsible service to our customers, we follow all applicable state and federal regulations about the sale and delivery of alcohol, including: 

  • Someone must be at home to approve and sign for any alcohol delivery. 
  • The person signing for the order must be at least 21 years of age, with valid U.S. state or federal ID. 
  • Delivery driver will check for valid U.S. state or federal ID before order is delivered to home or business. 

No one under 21 years of age may place or receive an order from Roche Bros. that includes alcohol. Our delivery drivers check identification of all customers receiving alcohol. Roche Bros. uses a third-party delivery service for most deliveries and will need to scan the valid U.S. federal or state ID in order to complete delivery. Please have your ID ready to scan upon delivery. If a qualified adult is not available to approve and sign for delivery of alcohol items, the delivery driver will remove those items from the order. Your account will be credited for the full amount of any items you do not receive and a $9.95 restocking fee will be assessed. If this results in a balance due, your account will be charged. 

Our delivery drivers have discretion with regard to the delivery of alcohol. If a delivery driver suspects that a person over 21 is accepting the delivery of alcohol for consumption by a minor, the delivery driver may refuse to deliver the alcohol. 

Delays: In the case of inclement weather or other circumstances beyond our control, it may be necessary to make adjustments to our delivery schedule, which may cause us to suspend chosen delivery dates and times. If we expect a delay outside of the selected delivery period, our Customer Service representative may call, text or email you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date. 

Price and Availability 

Pricing: The prices applicable to your order will be those in place on the day of your scheduled delivery or pick‑up. Product prices and promotions posted on the Service, or those sent to customers by personalized email or any other online or digital method, are good only for the dates indicated. Such offers, promotions and sweepstakes may not be available in store. Certain services, products and/or programs may not be available at all locations. Prices in our stores or services may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply. In the event a product or service is listed at an incorrect price due to a typographical or other error, Roche Bros shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes, deposits and fees will be calculated on the day your order is delivered or available for pick‑up. 

You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes, deposits and fees) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. Fees and charges will be assessed in accordance with the then-current Roche Bros fee schedule which can be accessed online. When you place an order, Roche Bros reserves the right to request credit card authorization for up to 115% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing variable weighted items in your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery or pick-up. If you fail to pay any fees or charges when due under the Roche Bros. fee schedule (including fees or charges for electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Roche Bros may charge such amount directly to your preferred payment method.  You will be liable for any fees, including attorneys’ fees and collection costs, that Roche Bros. may incur in its efforts to collect any unpaid balances from you. 

Pricing by Weight: For certain items that are sold by the pound and cut, prepared or packaged and/or sold individually, the per item price you see in your shopping cart for such items is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order and will appear on the receipt you receive at the time of your pickup or delivery. You always pay the true price for the actual weight of your products. 

Promotion Codes: Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. We shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason. 

Availability of Perishable Items: Given the perishable nature of our products and our goal to always provide fresh, high-quality products, from time to time certain products may be unavailable due to market conditions beyond our control, or to quality that is below our standards. Therefore, we reserve the right to limit the quantity of a particular product that you may order. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. 

Substitutions: Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable due to market conditions beyond our control. If you have enabled substitutions on your order, we may substitute an item that’s very similar to an unavailable item you ordered.  If you’re not happy with the replacement, please email [email protected] or call our Customer Service representative at (781) 694-5280. 

Coupons: Roche Bros will redeem coupons only for the specific items included in your delivery or pick up order as verified with your purchase transaction.  All coupon redemption terms are subject to our coupon policy in effect at time of redemption (“Coupon Policy”). 

We may change the terms of our Coupon Policy at any time. Such changes may become effective without advance notice or advertisement. The current Coupon Policy can be found at http://www.rochebros.com/coupon-policy. You are also advised to periodically check our website for any changes to the terms of our Coupon Policy. To submit your paper coupons for verification, place them in a sealed envelope with your name or order number and give them to your delivery driver or pickup associate when your groceries are received. Upon verification, the coupons will be entered onto your online account. This total verified amount will then be deducted from your next online order. You can view all credit information under the “My Account” section of the Site. Roche Bros. reserves the right to refuse any suspect manufacturer or internet printed coupons and limit quantities. You are responsible for repayment of any counterfeit coupons submitted.  Digital coupons will be deducted at time of order via the online platform. 

For updated counterfeit coupon information go to http://www.couponinformationcenter.com/. 

Payment 

A credit or approved debit card will be required for all orders made through the Service. You authorize Roche Bros. or its payment processing service provider to charge you for all products or services purchased by you through the Service, plus applicable taxes, deposits and fees, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes, deposits and fees) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. Fees and charges will be assessed in accordance with the then-current Roche Bros. fee schedule and the pickup or delivery fee will be listed when reserving time slots and upon checkout. When you place an order, Roche Bros. reserves the right to request credit card authorization for up to 115% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing variable weighted items in your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery or pick-up. If you fail to pay any fees or charges when due under the Roche Bros. fee schedule (including fees or charges for electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Roche Bros. may charge such amount directly to the credit card identified under the “My Account” section of the Site. Your right to use the Service is subject to limits established by your payment card issuer. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that Roche Bros may incur in its efforts to collect any unpaid balances from you. 

Roche Bros. does not process payment for any products or services purchased by you through the Service.  To facilitate payment via bank account, credit card, or debit card, we use Braintree and its affiliates (“Braintree”) for catering orders and Fiserv for grocery orders.  These payment processing services are provided by Braintree and are subject to the Braintree terms and conditions and other policies available at https://www.braintreepayments.com/legal and Braintree’s Privacy Statement available at https://www.braintreepayments.com/legal/braintree-privacy-policy (collectively, the “Braintree Agreements”) or Fiserv and are subject to the Fiserv terms and conditions and other policies available at www.worldpay.com/en/legal/terms-of-use (the “Fiserv Agreements”).  By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Braintree Agreements and Fiserv Agreements, as the same may be modified by Braintree and Fiserv from time to time.  As a condition of Roche Bros. enabling payment processing services through Braintree and Fiserv, you represent and warrant to Roche Bros. that all information you provide about your payment instruments and/or bank accounts is true and that you are authorized to use such payment instrument and/or bank account, as applicable.  You also authorize Roche Bros. to share such information and other transaction information related to your payment for the Service with Braintree and/or Fiserv.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You hereby authorize Braintree and Fiserv to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services.  Please contact Braintree and/or Fiserv for more information.  Roche Bros. assumes no liability or responsibility for any payments you make through the Service. 

If a credit or debit card authorization expires prior to the pickup or delivery of your order, we may request another authorization for the same amount. We will not process orders that attempt to use an incorrect, expired, or over‑the‑limit credit or debit card. We will attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us. 

If you fail to pay any costs or charges when due or if a redelivery fee or restocking fee is imposed, Roche Bros. may charge such amount directly to the credit card identified in your Customer Account Information and Roche Bros. may suspend or terminate your access to the Service. You shall be responsible and liable for any costs, including attorneys’ costs and collection costs, that Roche Bros. may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Roche Bros. and/or by your credit card issuer. 

Conditions of Access and Use 

User Conduct: The following are examples of the kinds of uses that are illegal or prohibited by Roche Bros. Roche Bros. reserves the right to investigate and take appropriate legal action against anyone who, in Roche Bros.’ sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to: 

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Roche Bros., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Roche Bros. or its users to any harm or liability of any type; 
  1. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;  
  1. violate any applicable local, state, national, or international law, or any regulations having the force of law;  
  1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
  1. solicit personal information from anyone under the age of 18; 
  1. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 
  1. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; 
  1. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; 
  1. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;  
  1. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or 
  1. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Roche Bros. from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network). 

Competitors: No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without express written permission from Roche Bros. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Roche Bros. or any of its affiliates, or acting on behalf of a competitor of Roche Bros. in using or accessing the Service. 

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 

Mobile Services and Software 

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Roche Bros. and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Roche Bros. account information to ensure that your messages are not sent to the person that acquires your old number. 

Mobile App License: Subject to these Terms of Service, Roche Bros. hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device. 

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Roche Bros., its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Roche Bros. 

Special Notice for International Use; Export Controls: The Service is based in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 

Third-Party Distribution Channels: Roche Bros. offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. 

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply: 

  • Roche Bros. and you acknowledge that these Terms of Service are concluded between Roche Bros. and you only, and not with Apple Inc. (“Apple”), and that as between Roche Bros. and Apple, Roche Bros., not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. 
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions. 
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions. 
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.  
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Roche Bros.’ sole responsibility, to the extent it cannot be disclaimed under applicable law. 
  • Roche Bros. and you acknowledge that Roche Bros., not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  
  • In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Roche Bros. and Apple, Roche Bros., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. 
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Roche Bros. as follows: 

[email protected] 

11 Hampshire Street 

Mansfield, MA 02048 

Roche Bros. and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. 

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Roche Bros. only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Roche Bros., and not Google, is solely responsible for Roche Bros.‘ Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Roche Bros.’ Google-Sourced Software. 

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at:  

https://rochebros.com/third-party-notices.  If required by any license for particular open source software, Roche Bros. makes such open source software, and Roche Bros.’ modifications to that open source software (if any), available by written request to [[email protected]]. Copyrights to the open source software are held by the respective copyright holders indicated therein. 

Intellectual Property 

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Roche Bros., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  

Copyright: All Service Content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all Software are the property of, or duly licensed to, Roche Bros. Consent is granted to view, electronically copy, and print in hard copy portions of the Service Content for the sole purpose of placing an order with Roche Bros. for your use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Roche Bros. is strictly prohibited. You acknowledge that Roche Bros. and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Roche Bros. reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Roche Bros. 

Trademarks: “Roche Bros.,” all Roche Bros. logos, and slogans, and all titles, characters, names, graphics, and button icons (“Roche Bros. Trademarks”) are service marks, trademarks, and/or trade dress of Roche Bros. or otherwise proprietary to Roche Bros. and may not be used by you for any reason other than as expressly permitted by these Terms of Service. All other trademarks, service marks, product names, and company names or logos appearing in the Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Site or the Service.  Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Roche Bros. Trademarks displayed on the Service, without our prior written permission in each instance.  All goodwill generated from the use of Roche Bros. Trademarks will insure solely to our benefit. 

Third-Party Material: Under no circumstances will Roche Bros. be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Roche Bros. does not pre-screen content, but that Roche Bros. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Roche Bros. and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Roche Bros., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.  

Third-Party Services and Websites  

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like [Facebook or Twitter]. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Roche Bros. has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Roche Bros., will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Roche Bros. enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Roche Bros. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services. 

Indemnification 

You agree to defend, indemnify, and hold harmless Roche Bros., its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Roche Bros. Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Roche Bros. Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Roche Bros. Party. Roche Bros. will provide notice to you of any such claim, suit, or proceeding. Roche Bros. reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Roche Bros.‘ defense of such matter. You may not settle or compromise any claim against the Roche Bros. Parties without Roche Bros.’ written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 

Warranty Disclaimer 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE SITE, THE MOBILE APPS AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROCHE BROS. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; ROCHE BROS. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. ROCHE BROS. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES. ROCHE BROS. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 

Limitation of Liability 

NEITHER ROCHE BROS. NOR ROCHE BROS. PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICE, OR THE INTERNET. ROCHE BROS.’ LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. ROCHE BROS. RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

The material in the Site is provided for lawful purposes only. Roche Bros. controls and operates the Site and uses it for its stores in Massachusetts, USA. Roche Bros. makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice. 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. 

Dispute Resolution By Binding Arbitration 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. 

Agreement to Arbitrate.  This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Roche Bros., whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Roche Bros. are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 

Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND ROCHE BROS. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROCHE BROS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  

Pre-Arbitration Dispute Resolution.  Roche Bros. is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Roche Bros. should be sent to 11 Hampshire Street; Mansfield, MA 02048; Attn: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Roche Bros. and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Roche Bros. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Roche Bros. or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Roche Bros. is entitled. 

Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. 

Unless Roche Bros. and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Roche Bros. agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. 

Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  To the extent any Arbitration Fees are not specifically allocated to either Roche Bros. or you under the AAA Rules, Roche Bros. and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Roche Bros. will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Roche Bros. will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules. 

Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

Severability.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection  above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply. 

Future Changes to Arbitration Agreement.  Notwithstanding any provision in these Terms of Service to the contrary, Roche Bros. agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Roche Bros. written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service). 

Miscellaneous 

Termination. These Terms of Service are effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated by both parties. Roche Bros. may suspend or terminate the Service or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Roche Bros. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Roche Bros. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Roche Bros. will not be liable to you or any third party for any termination of your access to the Service.  Roche Bros. reserves the right to collect costs and charges incurred before you cancel your Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation. 

Notices. Roche Bros. may give notice to you of a change in these Terms of Service, a change in Roche Bros. cost schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Roche Bros. by electronic mail (as specified in the “Help” section of the Site). 

Entire Agreement. These Terms of Service and the Privacy Policy referred to herein represent your entire agreement with Roche Bros. regarding the use of the Service and the Site. You agree that these Terms of Service are not intended to confer and does not confer any rights or remedies upon any person other than you, Roche Bros., and its parent company and any related entity under common control. 

Severability; Waiver. If any portion of these Terms of Service are held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of these Terms of Service shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. 

Governing Law; Jurisdiction. These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. Except for any claims subject to arbitration as set forth above, you expressly agree that exclusive jurisdiction for any claim or dispute with Roche Bros. or relating in any way to your use of the Service or the Site resides in the federal and state courts of Massachusetts and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Massachusetts in connection with any such dispute, including any claim involving Roche Bros. Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred. 

Third-Party Beneficiaries. The provisions of these Terms of Service are for the benefit of Roche Bros. Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. These Terms of Service and all obligations and restrictions placed upon you or your permitted users by these Terms of Service shall survive termination of these Terms of Service and your use of the Service. 

Amendment. Roche Bros. may amend these Terms of Service at any time by posting the amended terms on the Site. All amended terms shall automatically be effective seven days after they are initially posted on the Site. By using the Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.  

Assignment. You may not assign these Terms of Service without the prior written consent of Roche Bros., but Roche Bros. may assign or transfer these Terms of Service, in whole or in part, without restriction. 

Interpretation. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” 

Force Majeure. Roche Bros. will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, pandemic, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Roche Bros.’ reasonable control. 

Questions and Concerns 

If you have any questions about the Service or these Terms of Service, please contact our Customer Service at the phone number listed on the Site or at [email protected].