Acceptance of {N}power Terms of Use

By creating a Program account on the http://www.naturalgrocers.com/ website (the  “Website”), or otherwise participating in the Program, any of the information displayed on it or any of its services or offers, you are agreeing to the following terms and conditions. IF YOU DON’T AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE PROGRAM.

BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE PROGRAM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PROGRAM OR OFFERINGS AVAILABLE THROUGH THE PROGRAM, OR THESE TERMS IS TO CEASE YOUR PARTICIPATION IN THE PROGRAM.

 

Permitted Use of Materials

The name {N}power and any graphical and textual displays associated with that name, including but not limited to logos, slogans, tag lines, and captions, are trademarks of Natural Grocers. All rights are reserved. By accepting these Terms, you agree that all such trademarks are protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Natural Grocers.

You are permitted to view, store, print, and distribute any material information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed from the Website (collectively, “material”) for noncommercial use only, and only in support of the Program, provided you do not modify such Website in any way. You may not sell, resell, reproduce, duplicate, distribute, copy or any material, nor use any material for any other purpose not set forth in this paragraph, including in any manner that damages or disparages the reputation of {N}power, its services, Natural Grocers or its directors, officers, employees or stockholders. Any unauthorized use of materials violates our intellectual property interests and could result in criminal or civil penalties.

 

No Warranties, Express or Implied

The Program is provided for your convenience and enjoyment, and Natural Grocers assumes no liability whatsoever for the interpretation of any material. THE MATERIAL IS PROVIDED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PROGRAM OR MATERIAL WILL MEET YOUR REQUIREMENTS, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM OR MATERIAL WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIAL WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. Although Natural Grocers tries to provide accurate and timely material, Natural Grocers assumes no responsibility in connection with the material. THE USE OF THE PROGRAM OR THE DOWNLOADING OR OTHER ACQUISITION OF ALL MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Natural Grocers reserves the right to change or delete the Program, in whole or in part, at any time without notice. IN NO EVENT SHALL NATURAL GROCERS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS OR DAMAGES THAT MAY RESULT FROM USING ANY MATERIAL. IF YOU ARE DISSATISFIED WITH THE PROGRAM, ANY MATERIAL, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE, BY SUCH PARTICIPATION, THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND NATURAL GROCERS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NATURAL GROCERS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). From time to time, Natural Grocers may post on the Website statements made by third parties. Natural Grocers may monitor such third-party statements for accuracy, legality, ownership, or other characteristics, but is not obligated to do so. Natural Grocers expressly disclaims any and all liability for such third-party statements.

 

Indemnification & Defense

As a condition of the use of the Website and participation in the Program, you agree to defend, indemnify and hold harmless Natural Grocers and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to your participation in the Program,  alleging facts that if true would constitute a breach by you of these Terms, or any user content submitted by you. You and Natural Grocers agree that in the event of any Claim (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the your participation in the Program or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such Claim will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”). Except as the Terms otherwise provide, you and Natural Grocers acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Natural Grocers may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement. The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Colorado. The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms, will be governed by the applicable laws of the United States of America and the laws of the State of Colorado, without regard to Colorado’s choice of law principles.

 

No Endorsement of Third-Party Links

All product and brand names mentioned on the Website are the intellectual property of their respective owners. Any mention of such names on the Website is for information only and does not necessarily constitute an endorsement or a recommendation by Natural Grocers or its personnel. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide the Program.

 

Termination of Your Account for Violating our Terms of Use

We may in our sole discretion and unless prohibited by law, suspend or terminate your account and eliminate any pending, current, or future Program rewards or discounts to which you may be entitled, with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your participation in the Program, and reporting you to the proper authorities, if necessary. We will notify you of such termination at the email address you provide and such termination will be effective immediately. If you do not participate in the Program for more than 1 year, Natural Grocers reserves the right to remove you from {N}power communications without notice to you. One {N}power membership is permitted per customer. Any attempt on your part to earn an {N}power sign-up incentive for opening multiple {N}power accounts is not permitted and may result in termination all of your {N}power accounts. Your membership and any {N}power benefits, including points and rewards are non-transferable and subject to current and future terms and conditions. {N}power rewards cannot be combined or transferred between accounts.

{N}power may be used only for personal, family and household purposes. If you purchase items in violation of these terms, including resale, Natural Grocers reserves the right to not award {N}power points and/or to terminate your participation in {N}power.

Upon termination and regardless of the reasons motivating such termination, your right to use the materials will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

Points, Rewards, Promotions and Coupon Policy

Every time you shop and enter your phone number into the pin pad or the cashier enters it for you, every pre-taxed dollar you spend will earn 1 point in your {N}power account. Points will round to the nearest dollar, so anything over 50¢ will give you 1 point. When you reach 200 points, you will receive a $2 reward sent to your email to load to your account. Your points will continue to accumulate, and every 200 points is a $2 reward. Any points below 200 that have not converted to a $2 reward will carry over each quarter in a calendar year. You will continue to accumulate points towards the next $2 reward. At the end of the year, all points will reset to 0. You need to enter your phone number during checkout in order to receive points on the purchase to your account. If not, you will not receive points for that transaction.

Once you reach 200 points, you will receive an {N}power reward email. You will need to load this reward to your account from the email or log onto the dashboard to add it to your account. The next time you shop and enter your phone number, you will redeem the reward. Earned rewards expire 1 month after the new quarter begins on January 31st, April 30th, July 31st & October 31st. Neither rewards nor points will be reinstated if they expire.

Except as expressly stated otherwise, all {N}power offers and coupons are valid for a limited time, are redeemable only for in-store customer purchases at participating Natural Grocers stores, and cannot be combined with other offers. Quantities of all offered products are limited to stock on hand; no rain checks. {N}power pricing excludes taxes and is subject to change without notice. Natural Grocers reserves the right to correct errors.

{N}power offers are available only to registered {N}power members. {N}power points and rewards accrue only for in-store customer purchases, and are based on the price paid after all discounts. Points do not accrue, and {N}power offers are not redeemable, for purchases made through Instacart or any other third-party delivery platform or service. Other restrictions may apply to earning and redeeming {N}power rewards.

Natural Grocers accepts manufacturers’ coupons (limit one per item) and all digital offers from https://npower.inmaroffers.com/. Acceptance is subject to any restrictions on the coupon, and Natural Grocers reserves the right to limit quantities. Manager approval is needed for individual coupons above $5.00. For a buy-one-get-one free offer, each item is considered a separate sale. See store for more details regarding the coupon policy.

 

Privacy

When you register with and use the Program, you must provide Natural Grocers with basic personally identifiable information about yourself. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

You should carefully review the terms of the Natural Grocers privacy notice at https://www.naturalgrocers.com/privacy-policy (the “Privacy Notice”), which are incorporated herein. This policy explains the information practices that apply to your account information, as well as the choices you can make about the ways this information may be used by Natural Grocers. You acknowledge and agree that if you exercise your rights to delete certain personal data about yourself pursuant to the procedures in the Privacy Notice in a manner that makes it impossible for us to provide Program benefits to you, we reserve the right to, upon notice to you, terminate your account and eliminate any current or future Program rewards or discounts to which you may be entitled.

 

Termination of Your {N}power Account

If you would like to stop using the Program, don’t enter your phone number during checkout. If you would like to delete your account, please visit the link here to submit your request.

 

Accessibility 

Natural Grocers is committed to providing our customers with the best possible World Class Service, including making our {N}power program and website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at (303) 986-4600 or contact us by completing the online form available here, specifying that the topic of your message is “Disabled Access” and providing a description of the specific feature you feel is not fully accessible or a suggestion for improvement.  We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control vendors of third-party digital content, we strongly encourage any such vendors to provide content that is accessible and user friendly.

 

How to Contact Us

If you have any questions or concerns about the {N}power program, you may contact us through our contact form (please select “{N}power Questions” from the drop down menu). You may also reach us by phone at (877) 986-4600.

 

Changes to Terms & Conditions

Natural Grocers reserves the right to update these Terms at any time and without notice, so you should review it periodically. All changes are effective immediately upon posting.  Your continued participation in the Program after such modifications will constitute acknowledgement and acceptance of the modified Terms.

You may be provided other privacy-related information in connection with your use of offerings from the program, as well as for special features and services not described in this policy that may be introduced in the future.

 

Miscellaneous

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of materials and the Program in general arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, whether or not similar to those which are enumerated above. These Terms, including policies and information linked from or incorporated herein or otherwise found on the Website, constitute the entire agreement between you and Natural Grocers with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.