O'Malia's Food Markets, our web site partners, and advertisers are deeply committed to protecting the privacy of Internet users who visit our web site, omalias.com. The following privacy policy provides information about our practices for customer privacy and data protection. In addition, O'Malia's has formed associations with a number of web sites to provide you access to a wide array of products, services, and information. Each of these sites also provides privacy, link, and ad banner policies that outline their commitment to customer privacy and data protection. We encourage you to review each of these policies prior to using the services and information provided on omalias.com.

Terms and Conditions

PRIVACY POLICY:

1. What information is collected and how is it used?
omalias.com collects information from you so that we can make our services both easier and more rewarding for you to use. Depending on how you use omalias.com and our linked partner web sites, we may collect one or more of three types of information: a)anonymous information, b)personally identifiable information, or c)financial information.

a) Anonymous Information: This type of information is collected on all visitors to our site but is not used to identify individual customers. Anonymous information includes data such as numbers and frequencies of customers using various services on omalias.com. We use this information to improve our services and tailor them to the needs of our customers.

IP Addresses: If you contact us through our web site, we may use your Internet provider's address and the manufacturer of the web browser to help diagnose problems with our server and to monitor use and traffic throughout our web site. This information helps us improve the content, products, and services that we offer our web site visitors.

Cookies: If you contact us through our web site, we may use cookies to improve our services. A cookie is a unique number that is provided to your web browser file the first time you visit certain areas of omalias.com. These unique numbers are used in certain areas of omalias.com to provide individual services such as keeping track of your shopping cart, remembering your password, providing content, and advertisements specific to your interests, or remembering your user name so that we may greet you when you return to that area of our site.

b) Personally Identifiable Information: omalias.com will not sell, trade, rent, or otherwise provide your personal information to any third party. Certain registration forms and on-line applications require users to give us personal information such as name, address, CouponPlus Card number, e-mail address, or other personal identification numbers. We may also collect this information in connection with surveys, contests, purchases, or other interactions with you. We do not collect this information unless you give it to us. This information allows us to provide you directly with value-added services and products such as a CouponPlus Card, consideration for O'Malia's employment, personalized recipe and meal planning services, and the ability to purchase products online.

omalias.com will not sell, trade, rent, or otherwise provide your personally identifiable information to any third party. omalias.com may provide aggregated statistics about our sales, traffic patterns, and related site information to reputable third party partners, but these statistics will not include the personally identifiable information of individual customers.

c) Financial Information: If you purchase products or services from certain areas of omalias.com, you may be required to fill out a registration or order form. In addition to name, address and contact information, your order may require that you provide financial information such as credit card numbers or account information. This financial information is only used to bill the user for products or services they have agreed to purchase. It is not disclosed or sold to any other party.

2. Is my financial information secure?
omalias.com has security measures in place to protect the loss, misuse, and alteration of information under our control. Any time you provide us with financial information, we offer the use of a secure server, which encrypts all of the information you provide and protects it from unauthorized access. omalias.com also provides links to third party web sites. While each of these web site partners also provides security measures that encrypts information and prevents unauthorized access, we recommend that you review each policy prior to providing your personal financial information.

In addition, the Fair Credit Billing Act limits your liability from unauthorized use of your credit card to a maximum of $50, and many banks will cover all unauthorized charges. You are responsible for promptly notifying your credit card provider of unauthorized uses.

3. Do I have to provide personally identifiable information?
No, if you choose not to register or provide personal information, you can still access and use many of the value-added services and information on omalias.com. However, you will not be able to access the areas that require registration, use the services that require applications, or purchase the products and services online that require financial information. We will not collect personally identifiable information unless you choose to give it to us. If you choose to provide your personal information to omalias.com and to the web sites linked to omalias.com, you consent to the collection and use of this information as detailed above.

4. How can I correct or update my personally identifiable information?
You may correct or update any of your personally identifiable information at any time by visiting the "Update My Information" link at www.omalias.com. located at the bottom of the omalias.com homepage. This page provides links to the different areas on omalias.com, as well as our partner sites, that request personal information and allow for updating that information. These areas include the CouponPlus Card application.

5. Can I choose whether I want to receive information from omalias.com and its web site partners?
Yes. From time to time, omalias.com and its web site partners may provide information or special offers to customers who have registered in certain areas of our site and provided personal contact information (such as e-mail addresses). If you do not want to be contacted or receive information about products, services, or special offers, you may opt-out of receiving future communications by indicating on the registration form of that site area or by sending an e-mail to the opt-out e-mail address listed on each communication.

Marsh Supermarkets, Inc. (hereinafter "Marsh") maintains this site (the "Site") for your personal entertainment, shopping, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without omalias.com written permission.

Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and O'Malia's are superseded and of no force or effect.

TERMS AND CONDITIONS:

1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of O'Malia's. O'Malia's neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with O'Malia's.

2. While O'Malia's uses reasonable efforts to include accurate and up-to-date information in the Site, O'Malia's makes no warranties or representations as to its accuracy. O'Malia's assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Your use of and browsing in the Site are at your risk. Neither O'Malia's nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. O'Malia's also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

4. Any communication including ideas, questions, comments, suggestions, or the like, but specifically excluding any personal or financial data or information, that you transmit to the Site by electronic mail or otherwise is, and will be treated as, nonconfidential and non-proprietary, and may be used by O'Malia's or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, O'Malia's is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. Any personal or financial data or information that you provide via e-mail, application or registration forms will be handled in accordance with our Privacy Policy.

5. Images of people or places displayed on the Site are either the property of, or used with permission by, O'Malia's. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of O'Malia's and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that O'Malia's will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

7. O'Malia's has not reviewed all the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

8. This Site may from time to time contain information relating to various medical, health, and fitness conditions. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult your own physician.

9. O'Malia's may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

10. The foregoing Terms and Conditions shall be construed under Indiana law and where applicable, the law of the United States of America. Any legal action brought against O'Malia's in any way related to this web site shall only be conducted in courts located in Marion County, Indianapolis, Indiana. If any part of these Terms and Conditions is deemed void, unlawful or unenforceable, that part shall be deemed severable and shall not affect the validity of the other provisions.