Last Update: April 4th, 2023
These Terms and Conditions may not apply to wholesale customers. Wholesale customers will abide by certain terms stated in their individual contracts. Any conflicting terms between these Terms and Conditions, and the Wholesale Contract, the Wholesale Contract shall prevail.
USE OF PRODUCTS AND INFORMATION
The FDA has not evaluated the Products or the information accessed through the Website. Nothing contained on the Website is intended to diagnose, treat, cure, or prevent any disease.
The Products and information is offered with the understanding that the Company assumes no responsibility or liability whatsoever on the behalf of users who purchase the Products or directly or indirectly act on the information offered through the Website. Any use of the Products or information is solely at your own risk.
Each user is solely responsible for deciding whether the Products are suitable for their own purposes and whether the Products match their needs. The Company offers no express or implied guarantees or warranties regarding the benefits or effectiveness of the Products or that you will find the Products satisfactory, complete, of benefit, or suitable for your own circumstances.
Under no circumstances is the Company providing advice or consultation. Users are encouraged to undertake independent research and/or seek appropriate advice as relates to their use of the Products, especially as it may relate to allergies or intolerances to products.
The nutritional information on the Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Website.
The Products are intended for use by adults only and not for use by children under 18 or by women who are pregnant or nursing.
ACCEPTANCE OF TERMS
By browsing and using the site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the site, each of which is incorporated by reference.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY
IF YOU LIVE IN THE UNITED STATES, BY USING THIS site YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR IN VERMONT, UNITED STATES OF AMERICA BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE site AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.
BUSINESS NAME its affiliated entities and is referred to herein as "RAW Forest Foods LLC," "we," or "our."
"Content" means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in the site.
"site" means the website RAW Forest Foods LLC including all of its domains and subparts.
"User" means any visitor to the site, regardless of whether the visitor registers for the site or purchases any products from the site and is referred to herein as "User" or "you."
"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
2. ELIGIBILITY TO USE THE SITE
You may use the site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the site under any applicable law. As long as you comply with these Terms, you may view and use our site for your personal, non-commercial purposes. No other use of the site is authorized.
- Notice required by California Law
- Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:
- The name, address, and telephone number of the provider of this service:
- RAW Forest Foods LLC
11 Elmwood Avenue, Suite 102
Burlington, VT 05402
- Complaints regarding products, or requests to receive further information regarding use of this site may be sent to the above address or to firstname.lastname@example.org.
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California, 95834, or by telephone at (800) 952-5210.
- Important Information for New Jersey residents
If you live in New Jersey, please carefully read these Terms and understand that by using the site, placing an order on the site or creating an account, in addition to the other terms and conditions herein, you agree:
Any dispute between you and will be governed by the laws of the State of and subject to the dispute resolution provisions set forth in the "Disputes Resolution" section below;
Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the "DMCA/Copyright Policy," "Disclaimers of Warranties," "Limitations on Liability," and "Anti-Diversion" sections may not apply to you; and as set forth in the "Indemnification" section below, you are responsible for any harm you cause RAW Forest Foods LLC whether it is because of your:
- User Content;
- Violation of any applicable law that protects RAW Forest Foods LLC or our legal rights or those of any third party that your actions have damaged;
- material uncured breaches of these Terms;
- infringement by you of any intellectual property rights that belong to RAW Forest Foods LLC or any third party;
- any and all activities that occur under your account, username, and password.
3. INTERNATIONAL USERS
Our site is controlled, operated, and administered from our offices in Vermont, United States of America. We make no representation that Content on the site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the site are illegal. You may not use the site or export its Content or products in violation of United States export laws and regulations. If you access the site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
4. GOVERNING LAW
These Terms and any action or proceeding relating thereto will be governed by the laws of the State of Vermont, If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
5. CHANGES TO TERMS AND CONDITIONS
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the site. Each time you use the site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms and Conditions. Your continued use of the site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and RAW Forest Foods LLC will be applied.
6. YOUR ACCOUNT
You may be required to register with RAW Forest Foods LLC in order to access certain services or areas of the site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the site, 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 RAW Forest Foods LLC, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the site, block or prevent future access to and use of the site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the site will immediately cease.
8. RULES OF CONDUCT AND GENERAL PROHIBITIONS
You must only use this site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the site; (ii) modify, distribute, or re-post any Content on the site for any purpose; or (iii) use the Content of the site for any commercial exploitation whatsoever.
In using the site, you further agree not to do any of the following:
- Post, publish, submit, or otherwise transmit any Content that
- infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy;
- is knowingly false, fraudulent, misleading, or deceptive;
- is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise volatile of any law; or
- promotes illegal or harmful activities or substances; disrupt or interfere with the security of, or otherwise abuse, the site or any service, systems resource, account, server, or network connected to or accessible through the site, or affiliated or linked websites;
By accessing or using this site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the site. We have the right to remove any User Content or posting you make on the site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the site. Failure to use the site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE site, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE site, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE site. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE site.
If you accept or agree to these Terms on behalf of a site or other legal entity, you represent and warrant that you have the authority to bind that site or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that site or other legal entity.
9. RIGHT TO USER CONTENT POSTED BY YOU
By making any User Content available to or through the site, you hereby grant RAW Forest Foods LLCa non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services.
In the event you upload any User Content to the site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the site, you agree to grant RAW Forest Foods LLC the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant RAW Forest Foods LLC the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the site, nor any use of your User Content by RAW Forest Foods LLC on or through the site, will infringe, misappropriate, or violate a third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You will defend, indemnify, and hold harmless RAW Forest Foods LLC our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees, that arise from or relate to (i) your access or use of the site or Content; (ii) your User Content; (iii) violation of any applicable law that protects RAW Forest Foods LLC or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by RAW Forest Foods LLC or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with RAW Forest Foods LLC in asserting any available defenses.
YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
11. COPYRIGHTS AND TRADEMARKS
The site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the site, its Content, services, or products obtained through the site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.
Together with other logos and product names appearing on the site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries:
|Serial Number: 87467364
Registration Number: 5378131
|Serial Number: 87467369
Registration Number: 5488432
|Serial Number: 87467361
Registration Number: 5494132
|Serial Number: 88677784
Registration Number: 6172990
|Serial Number: 88677767
Registration Number: 6198429
These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the site may be claimed as the property of others.
12. DMCA/COPYRIGHT POLICY
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.
We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any User of the site has infringed your copyright in any material way, please notify RAW Forest Foods LLC and provide the following:
- An identification of the intellectual property right claimed to have been infringed;
- An identification of the material you claim is infringing so that we may locate it on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
- A statement by you that the above information in your notice is accurate and made under penalty of perjury; and
- That you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by writing to the attention of the email@example.com.
13. LINKS TO THIRD-PARTY WEBSITES
The site may contain links to third party websites or services and advertisements for third parties (collectively, the "Third Party sites & Ads"). Such Third-Party sites & Ads are not under our control and we are not responsible for any Thirty-Party sites & Ads. We provide these Third-Party sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party sites & Ads.
The inclusion of a hyperlink to Third-Party sites & Ads does not imply affiliation, endorsement, or adoption by RAW Forest Foods LLC of the Third-Party sites & Ads or any information contained therein.
14. PRODUCT DESCRIPTIONS
We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the site are correct and fairly described. By placing an order on this site, you are making an offer to RAW Forest Foods LLC Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.
15. ONLINE PURCHASES
If you wish to purchase any product or service made available through the site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant RAW Forest Foods LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, Content, specifications, products, and prices of products and services described or depicted on the site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the site does not imply or warrant that these products or services will be available.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
16. ORDER AND PAYMENT INFORMATION
Generally. From time to time, RAW Forest Foods LLC may offer:
Auto-Renewal. If you purchase an auto-recurring periodic subscription through an online purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on RAW Forest Foods LLC, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the RAW Forest Foods LLC application from your device. Deleting your account on RAW Forest Foods LLC or deleting the RAW Forest Foods LLC application from your device does not terminate or cancel your subscription; RAW Forest Foods LLC will retain all funds charged to your Payment Method until you terminate or cancel your subscription on RAW Forest Foods LLC or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information by visiting RAW Forest Foods LLC and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, Wisconsin, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. If you become disabled (such that you are unable to use the services of RAW Forest Foods LLC before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
Product satisfaction and return policy
Our goal is 100% customer satisfaction and if, for any reason, you are not completely satisfied with your order or any of our products, please contact RAW Forest Foods LLC or . For returns and exchanges, please see the Return Policy available at www.rawforestfoods.com/returns-replacements-and-cancellations/.
You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: RAW Forest Foods LLC, 11 Elmwood Avenue, Suite 102, Burlington, VT 05402.
We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.
18. DISCLAIMER OF WARRANTIES
OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the services or products available on the site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including any services provided to you.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE site,
INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE site, OR FROM THE USE OF OR INABILITY TO USE THE site, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE site IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RAW FOREST FOODS LLC SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
19. LIMITATIONS OF LIABILITY
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER RAW FOREST FOODS LLC, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE site WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE site; (II) THE USE OR INABILITY TO USE THE site; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE site; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE site OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE site; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO RAW FOREST FOODS LLC FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE site OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The terms of this section survive any termination of these Terms.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you. Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the site and to block and prevent future access to and use of the site. You agree that we will not be liable for any termination of your use of or access to the site.
21. NO THIRD-PARTY BENEFICIARIES
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and RAW Forest Foods LLC. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
22. DISPUTE RESOLUTION
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
You acknowledge and agree that both you and RAW Forest Foods LLC are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
23. ARBITRATION RULES
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
24. DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send RAW Forest Foods LLC a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement must be mailed to the attention of
- RAW Forest Foods LLC
11 Elmwood Avenue, Suite 102
Burlington, VT 05402
via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this the arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at www.jamsadr.com or by calling (800) 352-5267.
25. ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
26. ARBITRATOR'S DECISION
The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. RAW Forest Foods LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
27. TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
Right to opt-out or reject future changes to dispute resolution section
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of Ryan Wade within thirty (30) days of your first visit to and use of the site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.
Notwithstanding the provisions of "Changes to" section above, if RAW Forest Foods LLC changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending RAW Forest Foods LLC written notice to the attention Ryan Wade within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RAW Forest Foods LLC in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
28. GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between RAW Forest Foods LLC and you regarding the site, Content, products, and services that may be provided on the site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and RAW Forest Foods LLC regarding the Content, products, or services provided on the site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by RAW Forest Foods LLC under these Terms, including those regarding modifications to these Terms, will be given by posting to the site.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RAW Forest Foods LLC Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and RAW Forest Foods LLC, and you do not have any authority to create any obligation on our behalf.
29. CONTACT INFORMATION
- RAW Forest Foods LLC
11 Elmwood Avenue, Suite 102
Burlington, VT 05402
30. CONTRIBUTION LICENSE
By posting your Contributions to any part of the site or making Contributions accessible to the site by linking your account from the site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, site name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant those moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the site. You are solely responsible for your Contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge that certain features offered by RAW Forest Foods LLC are for public communication, and as such RAW Forest Foods LLC makes no assurance as to the privacy or security of any submitted content. All information you disclose or content you submit – is done so at your own risk.
RAW Forest Foods LLC has no duty to monitor any submitted content. Content may be reviewed by RAW Forest Foods LLC, and in the sole discretion of RAW Forest Foods LLC, may be removed and your Account may be terminated.
RAW Forest Foods LLC does not guarantee the accuracy of any information provided by others, and the reliance upon or use of any submitted content is done so at your own risk.
31. API USE
Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms:
You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage.
You expressly understand and agree that the site shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties
32. SOCIAL MEDIA
As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third- Party Accounts may be available on and through your account on the site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the site. You can deactivate the connection between the site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Any questions about these Terms and Conditions may be directed to (802) 349-1347, or by email at firstname.lastname@example.org.