Introduction
Welcome to the official website for the Safeway BOGO Class Action Settlement. These Terms of Use govern your access to and use of this website and the services linked to this website. This website is intended to provide information, notice, and claims processing regarding the class action lawsuit Stewart et al. v. Albertsons Companies, Inc., pending in the Circuit Court of the State of Oregon for the County of Multnomah, Case No. 16CV15125. By using or accessing this site, you signify you have read and agree to be bound by these Terms of Use. Please read them carefully.
Acceptance of Terms
By accessing, browsing, and using the Website, you certify that you have read, understood and agree to be legally bound by these Terms of Use and any applicable laws and regulations. If you do not agree to these Terms of Use, do not visit this Website. The Claims Administrator, under the continuing supervision of the Court and Counsel, reserves the right to change these Terms of Use at any time. Changes are effective as soon as they are posted. Your continuing use of the Website means that you are consenting to these changes.
Authorized Use of Site
This website has been prepared for the sole and exclusive use of persons who currently are or believe they may be class members in the Safeway BOGO Class Action Settlement (hereafter, Class Members). Class members are persons who purchased eligible meat products (either in the form of single items or multiple items “Bundled Together”) at participating Safeway stores in Oregon using a Safeway.com Club Card during the period May 4, 2015 to September 7, 2016 during a Buy One, Get One/Buy One, Get Two Free promotion. The website is also available for use by counsel, the Court and those seeking official information about the settlement. Any other use is prohibited.
Eligibility and Registration
Subject to the eligibility requirements outlined on this website, a class member must be registered with the Claims Administrator to participate in the settlement or file a claim. Users that received notice by mail or email were registered for a direct payment automatically. Users that did not receive notice but believe that they are eligible to participate were required to submit a claim by June 16, 2023. The claims administrator, Postlethwaite & Netterville, processes all claims with oversight by the Court and Counsel. You must register for claims or inquiries. The registration requires that you provide accurate, current and complete information. Misrepresentation of eligibility or submission of false information can be grounds for denial of your claims and/or the basis for litigation.
User Conduct and Responsibilities
You agree that you will use this website and service only for lawful purpose and in accordance with these Terms of Use. Further, you agree that you will not:
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
- Use this site to attempt to gain unauthorized access to the website, other users’ profiles and/or information, computer systems or networks connected to the website, through hacking, password mining or any other means;
- Use any device, software, or routine to interfere with the proper functioning of the website;
- Use the website to collect or store personal data about other users;
- Upload, post, transmit or distribute anything that is unlawful, fraudulent, obscene, defamatory, infringing or otherwise objectionable.
Violation of these rules may lead to termination of use of the website and the service and may result in legal action.
Intellectual Property Rights
All information, content and materials contained within this Website including, but not limited to, text, graphics, logos, icons, forms and software (“Content”) is the property of Postlethwaite & Netterville, Claims Administrator or their licensors and shall be protected under United States and/or foreign copyright, trademark and patent laws. No portion of any Content on this Website may be reproduced unless expressly permitted by the Claims Administrator. You may view and download information from this Website for your personal use relating to the settlement. You may not reproduce, modify, copy, publish, distribute or make commercial use of any information, materials or Contents on this Website without express written consent of the Claims Administrator.
Privacy and Data Protection
The Safeway BOGO Class Action Settlement website respects your privacy and is committed to protecting your information. Information collected is used only for the administration of the class action settlement, which includes processing of claims, distribution of notices and providing support. The data is maintained in controlled, secure systems and is accessible only to authorized staff. You can see how information collected by this website is handled generally by referring to our Privacy Policy. By using this site, you consent to collection and use of your information as described in that Privacy Policy.
Submission and Processing of Claims
Only class members may submit a claim. All claims must be accurate, complete and otherwise in accordance with the instructions on this website. The Claims Administrator, under the direction of the Court and counsel, will audit, process and approve all claims. Submitting a fraudulent or false claim is a crime and may subject you to criminal or civil penalties. The Claims Administrator may require additional documentation or information as necessary to verify eligibility. The decisions of the Claims Administrator and Court are final and binding.
No Legal Advice Provided
This website is intended only as a general source of information and the materials in this website are not intended to be relied upon as legal advice. Visitors to this website wishing to obtain legal advice regarding their rights or obligations related to the settlement should contact their own attorney. Postlethwaite & Netterville, the Claims Administrator and the operators of this website do not purport to render legal or other professional service to class members or the general public.
Disclaimer of Warranties; Limitation of Liability
This website and the information provided herein are provided “as is” and “as available” without any warranties of any kind, express or implied. The Claims Administrator makes no representations that this site contains accurate, complete or current information. Neither Postlethwaite & Netterville, the Claims Administrator, the Court nor any other party shall have liability of any nature whatsoever for your use or inability to use this website, regardless of whether Postlethwaite & Netterville, the Claims Administrator, the Court or such other party was advised, knew of or should have known of the possibility of damages.
External Links and Third-Party Content
This site may contain hyperlinks to outside websites or be redirected to third-party websites for informational purposes only. No link, information, product or service referred to herein is explicitly or implicitly sponsored, endorsed or otherwise certified by such parties or by the Claims Administrator/Receiver or the Court. The Claims Administrator/Receiver is not responsible for the legality, availability or safety of any external sites or resources, nor for any content, products or services you might obtain from that website or resource. You are under no obligation to use any products, services or resources that you see on an outside website and it is strictly on your own risk that you access third-party websites. Please review applicable terms and privacy policies with respect to third party sites.
Communications and Electronic Notices
By your use of this website, you agree that you will receive communications and notices electronically from the Claims Administrator relating to the Safeway BOGO Settlement. Such communications and notices may include announcements, required notices and responses to queries. Through your use of this Website, you agree that all electronic communications and notices shall have the same force and effect as if made in writing. It is your responsibility to provide correct and up-to-date contact information in order to receive the settlement notices to which you are entitled.
User Accounts and Security
Some portions of the site may require you to sign up for or provide information. You agree that you will not disclose any such password or account details to any third party and that you will be solely responsible for all activities that occur under your account and for maintaining the confidentiality of that password. If you become aware of an unauthorized use of your password, account or of any other breach of security, you agree to notify the Claims Administrator immediately at [email protected] or by phone at (719) 925-0282. The Claims Administrator reserves the right to deactivate or cancel accounts at its discretion.
Prohibited Activities
- Use robots, spiders, data mining tools, or any other automated means to add, access, copy, or monitor any page on the website or the Website Content.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large burden on our infrastructure or restricts or inhibits any other person from using or enjoying the website.
- Attempt to interrupt, harm, or limit the use of any aspect of the website.
- Bypass or attempt to bypass any security measures that we have in place.
- Upload or transmit files that contain viruses, Trojan horses, worms or damaging computer programming or files.
- Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the website.
Violations will result in termination and other legal action.
Copyright and Trademark Policy
This website and its contents are covered by copyright and owned or licensed by Postlethwaite & Netterville or the Safeway BOGO Class Action Settlement. The Safeway name and all associated logos, marks and designs are registered trademarks of their respective owners. Unauthorized use, reproduction, and distribution of any or all of these materials and/or trademarks is prohibited and may give rise to civil and/or criminal penalties.
Indemnification
You hereby agree to indemnify, defend and hold harmless the Claims Administrator, Postlethwaite & Netterville, the Court, legal counsel, and their respective officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your violation of these Terms of Use, your misuse of this Web Site, or your infringement of any intellectual property or other right of any person or entity.
Termination of Rights of Access
The Claims Administrator may terminate or suspend your ability to access and/or use the website (and/or any part thereof) without any notice or liability to you, for any reason whatsoever, including without limitation, your breach of these Terms of Use and/or applicable law. The Claims Administrator also has the right, in its sole discretion, to remove, modify and/or refuse to post any and all content or information submitted to or by users of the website.
Jurisdiction and Governing Law
These Terms of Use shall be construed under and governed by the laws of the State of Oregon and the applicable federal laws of the United States of America. Each party consents to the personal jurisdiction and venue of the Circuit Court of the State of Oregon for the County of Multnomah with respect to all disputes arising out of, or involving, these Terms of Use, this website, or this settlement.
I personally recommend for public use fast online searches directly into the full expanse of the eleven Regional Reporter Case Law series with a simple free Google search. Link freely to American Law Deskbooks, forms, and encyclopedia resources. I only publish succeeded and cited case references here. There is no substitute for identical state and federal primary law legal language in Lexis or Westlaw as the key rule/statute/ordinance sequences are encouraged here.
No Waiver; Severability
Failure by the Claims Administrator to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provision will remain in full force and effect.
Entire Agreement
These Terms of Use, together with the Privacy Policy, and any other legal notices or statements published by the Claims Administrator on this website define the entire agreement between you and the Safeway BOGO Class Action Settlement website with respect to your use of this website. Any and all previously or contemporaneously made agreements, representations or understandings (if any) between you and the Safeway BOGO Class Action Settlement website are hereby superseded and nullified in their entirety.
All content included on this site, including (without limitation) all text, graphics, images, downloads, data compilations and software, is the property of the Safeway BOGO Class Action Settlement website or its content suppliers and is protected by United States and international copyright laws.
Permission is granted to electronically copy and print hard copy portions of these Terms of Use for the sole purpose of using this website as a resource. You shall not, however, archive any portion of these Terms of Use on a public or private information retrieval system (e.g., an Internet “search engine”). Apart from such limited uses, no portion of these Terms of Use may be otherwise reproduced, copied or distributed without our consent.
Modification of the Terms of Use
Claims Administrator may amend or revise these Terms of Use at any time, with or without prior notice. You agree to review the Terms of Use periodically for modifications. Your continued use of the website subsequent to such a modification, will be deemed to constitute your acceptance of the modifications.
Security
The Safeway BOGO Program Class Action Settlement website uses industry standard security protocols to ensure that your personally identifiable information is protected, including secure socket layer (SSL) encryption, periodic security reviews, and limiting access to sensitive data. While we take every precaution to maintain the security of the data we collect, no system can be made entirely secure from unauthorized access. Users are reminded to utilize complex passwords and contact the Claims Administrator promptly in the event of suspected compromise.
Content Accuracy and Official Sources
This website is the only approved source that provides information pertaining to the Safeway BOGO Class Action Settlement. Using unauthorized sources of information may result in missed deadlines, misinformation, or forfeiture of settlement benefits. Full information and deadlines should be verified on this website or by contacting the Claims Administrator. The Claims Administrator bears no responsibility for information obtained through third-party or other internet sites.
Disclosure of Fees and No Cost to Use
Participation in the Safeway BOGO Class Action Settlement (filing a claim, opting out, or objecting) is completely free to class members. There are no fees, costs, or deductions of any kind charged to class members for using the website, receiving notice thereof, or receiving payment under the settlement. If you are asked by anyone to pay a fee in relation to this settlement, please report it immediately to the Claims Administrator at the above-referenced address.
Contact Information and Technical Support
For all questions, problems, or issues regarding the Safeway BOGO Class Action Settlement you may contact the Claims Administrator as follows:
MAIL: 789 N Cascade Ave Ste 58, Colorado Springs CO 80903
TELEPHONE: (719) 925-0282
EMAIL: [email protected]
WEBSITE: https://safewaybogoclassaction.com/
The Claims Administrator handles all technical and customer support for claims status, eligibility, contact information updates, and digital payments. All communications are done confidentially and in a manner approved by the court.
Digital Payment Options
Payment by secure, digital means will be offered to eligible class members. These means are offered as a means of faster distribution and convenience. If you would like to change your payment method or want information about the security surrounding digital payments, contact the Claims Administrator promptly. All payment information is handled securely, and no information is ever disclosed to any third parties without your permission.
Deadlines and Important Dates
Every significant deadline associated with the Safeway BOGO Class Action Settlement is disseminated on this website. The deadline for filing claims in this matter was June 16, 2023. The Court granted approval of the settlement on July 25, 2023 – and distributions of settlement awards commenced September 25, 2023. Times to object and opt out of the settlement have lapsed. Please check this website periodically for updates regarding settlement status and future postings.
Opt-Outs, Objections and Finality of Process
Class members had the right to opt out and/or object to the settlement by the deadline provided on this website. Those days have closed as of July 2023. Orders issued by the Court and the Claims Administrator regarding claims, payments, and objections shall be final and binding. Appeals shall be available only as provided by law.
International Use by Members and Restrictions
THIS SITE AND THE SAFEWAY BOGO CLASS ACTION SETTLEMENT ARE INTENDED FOR USE IN THE UNITED STATES. PURCHASES WITHIN THE UNITED STATES (AT SAFEWAY STORE LOCATIONS) ONLY DURING THE TIME PERIOD DESCRIBED ARE COVERED. ANYONE USING THIS WEB SITE WHO IS LOCATED ELSEWHERE IN THE WORLD DOES SO AT HIS OR HER OWN RISK AND SHOULD BE AWARE THAT THEY MAY NOT BE IN COMPLIANCE WITH LOCAL LAWS.
Accessibility Statement
We are committed to providing accessible web content to all our users, including those with disabilities. To that end we have tried to make our pages compatible with current screen readers and similar assistive devices. If you have run into problems with accessibility, or require assistance, please contact the Claims Administrator at [email protected] or (719) 925-0282.
Children’s Privacy
This website is not directed at children under the age of 18. The Claims Administrator does not knowingly collect, maintain or utilize personal information from anyone under the age of 18. If you are under the age of 18 you may not visit the website or submit any personal information. If the Claims Administrator learns that a person under the age of 18 has submitted information, it will take steps to avoid use of that information.
Reporting Abuse and Fraud
If you become aware that someone is misusing this website, or if you believe that anyone has committed a fraudulent act with respect to the Safeway BOGO Class Action Settlement, please promptly report it to the Claims Administrator at the methods below:
- Electronic submission: [email protected]
- By phone: (719) 925-0282
Timely reporting may help ensure the integrity of the settlement process and help protect all class members.
Notice about Unsolicited Emails and Solicitation
The Claims Administrator and Official Court Representatives will never ask for sensitive information such as passwords or social security numbers through unsolicited e-mail or phone calls. Watch out for phishing scams or people falsely representing themselves as representatives of the settlement. Always verify the authenticity of emails and phone calls by checking with the Claims Administrator by using contact information found in the documents published on this website.
Resolution of Dispute
Any dispute, controversy or claim arising out of or related to the use of this website, these Terms of Use or the Safeway BOGO Class Action Settlement shall be determined in accordance with the procedures established in the Court in Multnomah County, Oregon. By using this website, you forever waive any available right to proceed by class action or jury trial for any dispute, controversy or claim arising out of or related to your use of this website, except where prohibited by law.
670 W 105th St v. Ameriquest Mort. Co., 2014 NY Slip Op 22419, 43 Misc 3d 866, 998 N.Y.S.2d 735 [Sup Ct, Kings County 2014]; United States v Freeland, 656 F2d 919 [6th Cir 1981] (“However it is clear that a private litigant does not have Article III standing to pursue a class action.”); see also Dexia Credit Local v Vector Capital Corp., 133 AD3d 12, 19 (1st Dept 2015) (“A court may take judicial notice of court filings” and “it is well recognized that a contractual waiver of the right to bring a class only action may be permitted unless such contract provisions contravene public policy or otherwise violate established concepts of public policy.”); Caronia v Gold, No. 14-CV-4179 (DC), 2016 WL 4223850, at *13 (S.D.N.Y. Aug. 9, 2016) (“It is well established as a matter of public policy that a party can waive the ability to recoup punitive damages in a contractual agreement.” [citation omitted]). Unlike Article III standing, which can not be waived by agreement of the parties far less so on a class basis; dismissing Plaintiffs claims under public policy would eviscerate their core contractual protection advanced by regulation of flat airfare prices – namely FAA prohibition of fare increases after travel itineraries are booked, including after ticket purchase. See AC Bus v Utica Fire Ins. Co., 14 AD3d 900, 780 N.Y.S.2d 739 ([3rd Dept] 2005). Article III class action standing objection to declaratory judgment jurisdiction should not be sustained regardless whether Defendant’s breach extended to all Class members or merely Plaintiff. Where DC Circuit held that Consumer plaintiffs lacked prudential standing for adjudicated CFR – Air Carrier unfair price practices and U.S. DOT enforcement authority as they concealed damages airticket price data to travel industry trade association with AIRTRAN CORP & Southwest Airlines petitioning Economic Regulatory Division for lower fares.: “Once DOT promulgates or alters its regulations prohibiting certain conduct pursuant to such specific authority, when an airline files new tariffs, the ‘ostensible’ fare filed is conclusive evidence that the carrier is obeying the law…(emphasis added) Delta Memorial Day weekend bombing destination airfares monopsonized by foreign airline systems generate air transportation sector SEA contract damages requests.”
Assignment of Rights
You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use without prior written consent of the Claims Administrator. Any attempted assignment or transfer without the consent of the Claims Administrator is invalid and ineffective. The Claims Administrator may assign or delegate its rights and obligations under these Terms to any subsidiary, affiliate, corporation or other organization at any time in its sole discretion, as required to perform its duties set forth herein.
Survivability of Terms
All provisions of these Terms of Use which by their nature should survive termination shall so survive, including, without limitation, intellectual property rights, indemnification, disclaimer of warranties, limitation of liability and dispute resolution.
Language and Interpretation
These Terms of Use are composed in the English language and shall be construed in accordance with their ordinary and plain meaning. In the event that these Terms are translated into any other language and a discrepancy arises between the translations, the English version shall prevail.
Questions and Further Assistance
If you have questions, or need additional information about these Terms of Use, the Safeway BOGO Class Action Settlement, or your rights as a class member, please contact the Claims Administrator directly at:
789 N Cascade Ave Ste 58, Colorado Springs CO 80903
Phone: (719) 925-0282
Email: [email protected]
The Claims Administrator can answer any questions you have about the settlement, how to participate in it, or concerns about the website.
Acknowledgement of Terms
Use of the Safeway BOGO Class Action Settlement website constitutes your acceptance of and agreement to be bound by each of the terms and conditions set forth in this Terms of Use agreement. Use of the website following any modifications to these terms and conditions constitutes acceptance of those modified terms. If you do not wish to be bound, in whole or in part, by the terms and conditions set forth in this Terms of Use agreement, you must immediately cease all use of the Safeway BOGO Class Action Settlement website.