As used in these Terms of Use, “Natural Grocers”, “us,” “we” and “our” refers to Natural Grocers by Vitamin Cottage, Inc. and its subsidiaries and affiliates. These Terms of Use apply to this website, our mobile applications and our social media applications (collectively, this “Website”).

BY ACCESSING OR CONTINUING TO USE THIS WEBSITE BY READING ITS CONTENT AND CLICKING THROUGH ITS PAGES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. Any person or entity who interacts with this Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using this Website and bound by these Terms and Conditions. If at any time you do not accept all of these Terms of Use, you must immediately stop using all or any part of this Website. Natural Grocers may terminate your access to this Website at any time for any reason or no reason.

 

Proprietary Rights; Content and Trademarks

All right, title and interest in this Website, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Natural Grocers/or its licensors. Nothing in these Terms and Conditions or otherwise will be deemed to grant to you an ownership interest in this Website, in whole or in part.

All content included on this Website, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software and other material (collectively “Content”) is owned by or licensed property of Natural Grocers or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Natural Grocers owns a copyright in the selection, coordination, arrangement and enhancement thereof.

NATURAL GROCERS BY VITAMIN COTTAGE^®, VITAMIN COTTAGE^®, VITAMIN COTTAGE NATURAL GROCERS^® and other related marks, design marks, product names, feature names and related logos used in this Website are trademarks of Natural Grocers and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Natural Grocers. In addition, the look and feel of this Website constitute the service mark, trademark and/or trade dress of Natural Grocers and may not be copied imitated or used, in whole or in part, without the express prior written permission of Natural Grocers. Natural Grocers’ trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Natural Grocers or suggests a sponsorship, affiliation or endorsement by Natural Grocers.

All other trademarks, service marks, logos, slogans, domain names and trade names used on this Website are the properties of their respective owners.

 

Grant of License

Natural Grocers grants you a limited license to access and make personal use of this Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use, including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms of Use. You may download, print, and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Accessing, downloading, printing, posting, storing, or otherwise using this Website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The limited license granted herein is fully revocable by Natural Grocers at any time and for any reason or no reason.

 

Limitations

This Website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of this Natural Grocers Website, you agree that may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. Without Natural Grocers’ express prior written consent, you may not:

1. Reproduce, duplicate, sell, resell, distribute, re-distribute or otherwise exploit any portion of this Website or any materials appearing thereon;
2. Make any commercial use of this Website or any Content, including (i) making any collection or use of any product listings, descriptions, prices, or images or (ii) downloading, copying or transmitting any Content for the benefit of any other merchant;
3. Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots or intelligent agents) to navigate or search this Website;
4. Circumvent, disable or otherwise interfere with any security-related features of this Website;
5. Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing any Content;
6. Use any meta tags or any other hidden text utilizing Natural Grocers’ name or trademarks;
7. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this Website, or express or imply that we endorse any statement you make;
8. Use a buying agent to conduct transactions on this Website;
9. Conduct fraudulent activities on this Website;
10. Violate or attempt to violate the security of this Website, including, without limitation:
    1. accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
    2. trying to change the functionality of this Website;
    3. attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
    4. attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to this Website, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;
    5. forging any header or any part of the header information in any e-mail or posting; or
    6. forging communications on behalf of this Website (impersonating this Website) or to this Website (impersonating another user);
11. Send unsolicited or unauthorized email on behalf of Natural Grocers, including promotions and/or advertising of products or services;
12. Tamper with or modify this Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of this Website or any activity being conducted on this Website;
13. Use this Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
14. Harvest or collect personally identifiable information about other users of this Website;
15. Restrict or inhibit any other person from using this Website (including, without limitation, by hacking or defacing any portion of this Website);
16. Use this Website to advertise or offer to sell or buy (other than from Natural Grocers) any goods or services;
17. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this Website; or
18. Remove any copyright, trademark, or other proprietary rights notice from this Website or materials originating from this Website.

We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (i) any errors or omissions on this Website, including, without limitation, any technical inaccuracies, typographical errors or other mistakes; (ii) any third party websites or content therein directly or indirectly accessed through links on this Website, including, without limitation, any errors or omissions on such third party websites; (iii) the unavailability of this Website or any portion thereof; (iv) your use of this Website; or (v) your use of any equipment or software in connection with this Website. 

 

Registration

You may be required to register with Natural Grocers in order to access certain services or areas of this Website. If you are required to register with Natural Grocers, we may not be able, or we may refuse, to provide you the username you request. Your username and password are for your personal use only. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Natural Grocers including those set forth in these Terms of Use, Natural Grocers reserves the right, in its sole discretion, to terminate your account, refuse service to you or cancel orders at any time for any reason or no reason.

 

Modifications

Natural Grocers reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on this Website. Each time you use this Website, you should review the current Terms of Use. Your continued use of this Website will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of this Website will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

 

Termination

You agree that we shall not be liable to you or any third party for any termination of your access to this Website. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

 

User Reviews, Comments and Submissions

If this Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content (“User Content”) through or to this Website, you agree to comply with these Terms of Use. You alone are responsible for any User Content that you submit, and once published, it cannot always be withdrawn. You assume all risks associated with any User Content that you submit, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of the User Content you submit.

You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Natural Grocers assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

For any User Content you submit, you grant to Natural Grocers a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant to Natural Grocers the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.

Content is also provided by third party visitors to this Website. Please note that visitors to this Website may post content that is inaccurate, misleading, or deceptive. Natural Grocers neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Natural Grocers will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Natural Grocers.

 

DMCA Notice

Natural Grocers respects the intellectual property rights of others and expects users of this Website to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Natural Grocers will respond expeditiously to claims of copyright infringement committed using this Website if such claims are reported to our DMCA designated agent identified below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through this Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our DMCA designated agent. Upon receipt of a DMCA notice, Natural Grocers will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from this Website.

 

A DMCA notice must:

1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on this Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:

 

DMCA Designated Agent:
Legal Department
Natural Grocers by Vitamin Cottage, Inc.
12612 West Alameda Parkway
Lakewood, CO 80228

 

Links to Third Parties

This Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Natural Grocers. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service or content from this Website, you do so at your own risk and you agree that Natural Grocers will have no liability arising from your use of or access to any third-party website, service, or content. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.

 

Privacy Policy

Natural Grocers collects, uses and shares personal information in accordance with our Privacy Policy.

 

Disclaimer or Warranties

Natural Grocers cannot and does not represent or warrant that this Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

NATURAL GROCERS PROVIDES THIS WEBSITE AND ALL GOODS AND SERVICES ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. NATURAL GROCERS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. NATURAL GROCERS WILL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS, DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY NATURAL GROCERS IN WRITING.

IF NUTRITION, INGREDIENT OR OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THIS WEBSITE, NATURAL GROCERS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THIS WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS, MAY APPEAR ON THIS WEBSITE. IN NO EVENT WILL NATURAL GROCERS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THIS WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

Healthcare Information

NOTHING IN THIS WEBSITE IS INTENDED AS OR SHOULD BE CONSTRUED AS, MEDICAL ADVICE. ANY HEALTHCARE AND/OR NUTRITIONAL MATERIAL CONTAINED IN THIS WEBSITE IS FOR CONSUMER INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. SUCH MATERIAL IS NOT INTENDED AS MEDICAL ADVICE FOR CONDITIONS OR TREATMENT, NOR IS IT INTENDED AS A SUBSTITUTE FOR A MEDICAL EXAMINATION BY A HEALTHCARE PROFESSIONAL. CONSUMERS SHOULD CONSULT THEIR OWN HEALTH CARE PROFESSIONALS FOR INDIVIDUAL MEDICAL RECOMMENDATIONS.

 

Guest Contributors

The views, opinions, and positions expressed within these guest posts are those of the author alone and do not represent those of Natural Grocers. The accuracy, completeness, and validity of any statements within these guest posts are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with the author.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATURAL GROCERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE 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.

 

Indemnification

As a condition to your use of this Website, you agree to defend, indemnify and hold harmless Natural Grocers and its officers, directors, employees and agents from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys’ fees) arising from or related to: (i) your use of and access to this Website; (ii) your violation of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property or privacy right.

 

Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through this Website may be governed by the rules on our Rules and Conditions for Contests and Giveaways page.

 

Governing Law; Dispute Resolution

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF This Website AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL BE THE FEDERAL OR STATE COURTS LOCATED IN DENVER, COLORADO, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE AND/OR THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (ii) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

 

Miscellaneous

These Terms of Use, including the policies and information linked from or incorporated herein, constitute the entire agreement between you and Natural Grocers with respect to this Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to this Website. No provision of these Terms of Use 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 of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use 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 of Use without our express prior written consent. We will not be responsible for any failure to fulfill any obligation due to causes beyond our control. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.

 

Contact Us

If you have any concerns about Natural Grocers or your use of this Website, please contact us with a detailed description, and we will try to resolve it.

Last Updated: March 2015