Last Updated: June 22, 2010
THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.
United States and its territories Use Only. This Site is intended to be used only by residents of the United States and its territories. Anyone who accesses the Site from outside the United States or its territories does so at their own initiative and risk and is responsible for compliance with all applicable laws.
Registration. Casual visitors are not required to become Subscribers to browse in public areas of the Site, such as the Home Page, but are bound by this Agreement by virtue of such use. In order to access Subscriber-only portions of the Site and/or use the Services, registration is required. Whole Foods Market is under no obligation to accept any registration, and may accept or reject any registrant in its sole and complete discretion.
Password, PIN & Account Number; During the registration process for this Site you will create a unique user name ("User Name"), and password ("Password"), and may also be required to provide certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). Examples of Unique Identifiers may include mother’s maiden name, the make of your first automobile and the name of your favorite pet. Each Sign-In Name and corresponding Password can only be used by one Subscriber. You are solely responsible for the confidentiality and use of your User Name, Password and Unique Identifiers, as well as for any use, misuse or communications entered through the Site using one or more of them.
Amendments. We reserve the right to amend this Agreement at any time and from time to time. Casual visitors that use the Site after a revised Agreement has been posted will be deemed to have agreed to any amendment. If you are a Subscriber, we will notify you each time we amend this Agreement by displaying a pop-up message on the Site the next time you attempt to log in as a Subscriber, and you will be required to indicate your consent to the amendment by clicking through before you will be permitted to access and use the Services.
License Grant. Whole Foods Market grants Subscriber during the Term a non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Services. Subscriber will not (and will not permit any third party to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Site; (ii) copy, modify, adapt or translate the Site, or otherwise make any use, resell, distribute or sublicense the Site, the Services or any Content except as expressly stated herein; (iii) disclose and/or make the Site, Services or Content available on a "service bureau" basis; (iv) remove or modify any proprietary marking or restrictive legends placed on the Site, the Services or the Content; or (vi) use the Site, the Services or any Content in violation of any applicable law or regulation.
Intellectual Property Rights in the Site. You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Whole Foods Market or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
Trademarks. Whole Foods Market and other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Whole Foods Market. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Whole Foods Market trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the Whole Foods Market trademarks will inure to our the benefit of Whole Foods Market.
Copyright Complaints. If you believe this Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures.
Links to Other Web Sites. This Site does not permit links to third party websites ("Third Party Sites") or other websites operated by Whole Foods Market Services, Inc.’s parent, affiliates or related parties ("Other Whole Foods Market Sites"). This Agreement governs only this Site and not any Third Party Sites or Other Whole Foods Market Sites.
Security of the Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Whole Foods Market reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Whole Foods Market will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WHOLE FOODS MARKET SERVICES, INC., NOR ITS AFFILIATES, SUBSIDIARIES, N OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "WHOLE FOODS MARKET PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE SERVICES. NONE OF THE WHOLE FOODS MARKET PARTIES WARRANT THAT THIS SITE, THE CONTENT OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, THE CONTENT, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, SERVICES AND THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE WHOLE FOODS MARKET PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, THE CONTENT AND THE SERVICES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Interruption in Services. In the event of any interruption of Services at the Site for any reason, Whole Foods Market’s sole and exclusive obligation is to use commercially reasonable efforts to provide an alternative medium for providing the Services. Whole Foods Market cannot guarantee the availability of alternative mediums and is not responsible for any resulting delays in entering or executing orders.
No Responsibility for Connectivity. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF THE WHOLE FOODS MARKET PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE, THE CONTENT AND THE SERVICES. IN NO EVENT SHALL ANY OF THE WHOLE FOODS MARKET PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICES OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE WHOLE FOODS MARKET PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
Indemnification. You agree to defend, indemnify and hold Whole Foods Market harmless from and against any and all claims, losses, liabilities, and expenses (including attorney’s fees) arising from your misuse of the site, the content, the services or any violation of this Agreement including, but not limited to, any use of your User name, Password, and Unique Identifiers.
Use of Personal Data. Your use of the Site may involve the transmission of your personally-identifiable information to us which may include, but is not limited to, name, e-mail address, street address, telephone numbers, and social security numbers, and information that you authorize us to receive.
Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability.
Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled intellectual property, trademarks, limitation of liability, indemnification, and miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Whole Foods Market Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of Michigan. Except for proceedings commenced by Whole Foods Market to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in Michigan. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Whole Foods Market.
Copyright Infringement Notification Procedures
If you believe this Site contains Content that infringes your copyright,
please send the following information to us at address provided below.
Whole Foods Market
Attn: Legal Team
550 Bowie Street
Austin, Texas 78703
© Copyright 2010 Whole Foods Market, IP, L.P. All Rights Reserved.