1. ACCEPTANCE OF TERMS
Welcome to the Organic Food Depot® buying service.
The Organic Food Depot® stores at 4301 Commuter Dr., Virginia Beach, VA 23562 and 1912 Granby St. Norfolk, VA 23517 and Natural Living Warehouse (TM) are wholly owned subsidiaries of Whole Organic, Inc., a Virginia corporation headquartered at 1488 Sandbridge Rd., Virginia Beach, VA 23456, USA. Reference to Organic Food Depot® or Natural Living Warehouse shall also mean Whole Organic, Inc. and vice versa. The software used to run the Organic Food Depot® website is owned by and licensed from BoardRoom Software, Inc, a Virginia Corporation at 1488 Sandbridge Rd., Virginia Beach, VA 23456.
The Organic Food Depot® provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: organicfooddepot.com/legalterms. If you use the Services provided by Organic Food Depot®, you agree to be bound by the terms of this agreement, and any updates thereof. In addition, when using particular Organic Food Depot® buying services, you and Organic Food Depot® shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Organic Food Depot® may also offer other services from time to time that are governed by different Terms of Services. These other TOS do not necessarily apply to the Natural Living Warehouse, The Whole Organic Catalog or Related Sites or category listings.
2. DESCRIPTION OF SERVICE
The Organic Food Depot® provides a buying service for its member customers ("the Service") including access to a large selection of organic and natural products and the use of its website. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Organic Food Depot® offerings or services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the Organic Food Depot® assumes no responsibility or liability for the timeliness of, deletion of, products or services or mis-delivered information. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. This is not the responsibility of, nor provided by, the Organic Food Depot®. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must be at least 18 years of age to access our website and use the Service.
To become a member of The Organic Food Depot® and obtain its services ("the Service") you must fill out and submit the application form. After submission to The Organic Food Depot®, your application will be reviewed and either accepted or rejected. In either event, you will receive an email from the Organic Food Depot® indicating the action which was taken. If approved (accepted), you will be issued a login name and password, unless you have chosen your own. After you have logged in you can change your personal information such as name, address, password, etc. You are responsible for keeping your personal information accurate and current. Failure to do so is grounds for cancellation of your membership.
4. ANNUAL MEMBERSHIP FEE
The current annual membership fee for The Organic Food Depot® is $0.00 dollars (i.e. currently, there is no fee). This membership fee may change in the future.
5. MEMBER RESPONSIBILITY
Organic Food Depot® is concerned about the safety and privacy of all its members, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, it is the responsibility of parents and legal guardians of children under eighteen (18) years old to limit and monitor access to these services by their children under eighteen (18) years of age. You agree to be responsible for any orders placed by your minor children, wards, etc.
The Organic Food Depot® may require you, and you agree if so required, to prepay all orders placed with the Organic Food Depot®. Payment is by cash, check or money order delivered to the Organic Food Depot® office or by credit card such as VISA and/or MasterCard.
For your convenience, if you provide authorization, your credit card number can be stored by the Organic Food Depot® and used to guarantee each order you place. If you elect this option, it is your responsibility to keep your credit card information such as expiration date, credit billing address, credit billing name, and credit card numbers current. Failure to do so, and any extra charges incurred by the Organic Food Depot® on account of such failure may be charged to you by the Organic Food Depot® and you agree to pay such extra charge(s).
If you elect not to provide such authorization, it will be your responsibility to phone the Organic Food Depot® office during normal business hours (Mon.-Fri. 9am - 5pm Eastern Standard Time) and give the appropriate information to one of the Organic Food Depot® staff. You will need to do this before each and every order you place.
Members agree and understand that a member order which is not guaranteed by credit card at the time of "closure", will not be included in that period's order. "Closure" is the point when all the member orders are collected and collated for submission to the various distributor(s).
In order to use our "splits" technology, you are required to provide a valid credit card number, expiration date, and "V" code to the Organic Food Depot®.
In the event a check which you have given to Organic Food Depot® in payment for one or more services, orders, etc. is returned to us for any reason whatsoever, you specifically authorize Organic Food Depot® to charge your credit card for the total amount of the returned check, bank fees, and a processing charge of $5.00 or 5% of the total amount of the check, whichever is greater, processing charge not to exceed $25.00 per check.
If payment by credit card is declined, you will be sent a "Notice of Dishonored Check" and pursuant to Virginia State law (VA Code, Title 8.01, Chapter 3, Article 2, 8.01-27.1), you will have thirty (30) days from receipt of said notice to tender payment of the total amount of the check plus legal interest from the date of the check, bank fees, and a processing charge of $25.00. If you fail to make payment and suit is commenced against you, you may also be liable for damages equal to the lessor of $250.00, or triple the amount of the check.
It is your responsibility to pick up your order by the end of the business day five (5) days from the posted "delivery" (pickup) day. Orders which close on Tuesday may be picked up beginning on Friday evening, and must be picked up no later than store closing on the following Wednesday.
If you do not pick up your order within those 5 days, we will 1) charge your credit card for the total amount of your order, 2) begin storage charges of 5% of the amount of your order per week, 3) dispose of perishables which become a health hazard, and 4) after 4 weeks, if your order is still not picked up, it will be deemed abandoned, and we will dispose of it, even though you have paid for it, without any notification or obligation for refund or replacement for any portion of your order, member markup, or other fees or taxes.
In the event that you do not pick up your order within 5 days, and we attempt to charge your credit card for the total amount of your order and your credit card is declined, your order will be immediately deemed abandoned, and we will dispose of it without any notification or obligation for refund in the event of partial payment or replacement for any portion of your order, member markup, or other fees or taxes, and your account will be closed.
With the exception of frozen and perishable foods, items which you mistakenly order usually can be returned to the supplier, but a) the item(s) must not have left our premises, and b) will be subject to a 15% restocking fee plus a $5.00 administrative fee.
7. ORGANIC FOOD DEPOT® CONTENT
You acknowledge that Organic Food Depot® does not prescreen Content provided by our suppliers and/or Affiliate Partners, but that Organic Food Depot® and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Organic Food Depot® and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Organic Food Depot® or submitted to Organic Food Depot®. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In particular, you understand that the prices shown at the time you place your order may change without notice, i.e. may be higher or lower when actually received, because of changes in price charged by Organic Food Depot's® supplier(s) and you agree to such price changes and agree to accept the products you ordered at the higher or lower price provided it is no more than 10% higher, in which case you have the option to refuse that item in your order, but not the rest of your order. You also understand and agree that Organic Food Depot® is not responsible for any erroneous prices shown on account of errors, programming or otherwise and Organic Food Depot® is not obligated in any way to honor erroneously displayed pricing.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
At this time, the Organic Food Depot® does not provide international services. Services are limited to the United States.
You agree to indemnify and hold Organic Food Depot®, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, access to the Service or information and services obtained through the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Organic Food Depot® may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that any Content will be retained by the Service. You agree that Organic Food Depot® has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that Organic Food Depot® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Organic Food Depot® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Organic Food Depot® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Organic Food Depot®, in its sole discretion, may remove and discard any Content within the Service, for any reason, without limitation or if Organic Food Depot® believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Organic Food Depot® may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Organic Food Depot® may bar any further access to such files or the Service. Further, you agree that Organic Food Depot® shall not be liable to you or any third-party for any termination of the Service. If your account is deleted or archived, whether by Organic Food Depot® or by you, Organic Food Depot® has the right to retain your sales history and any other information it deems necessary for its accounting records, and to use such information in any manner it desires without further notice or compensation to you.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Organic Food Depot® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Organic Food Depot® has no control over such sites and resources, you acknowledge and agree that Organic Food Depot® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Organic Food Depot® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource, whether on third party sites, or Organic Food Depot®'s site, including, but not limited to, any coding or descriptions suggesting any product does or does not contain substances which may or may not be harmful to people who may or may not be inclined to allergic reactions to or health problems arising from the use of said product(s).
16. ORGANIC FOOD DEPOT® PROPRIETARY RIGHTS
You acknowledge and agree that the Service, which may use patented or patent pending technology, contains proprietary and confidential methods and information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that the methods used to make the content available to you, and Content contained in sponsor advertisements or information presented to you, or methods used to present such information to you through the Service or its advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Organic Food Depot® or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, and/or its methods, in whole or in part.
You expressly understand and agree that:
A. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Organic Food Depot® expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. Organic Food Depot® makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
C. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to you or your computer system or loss of data that results from the download of any such material.
D. No advice or information, whether oral or written, obtained by you from Organic Food Depot® or through or from the service shall create any warranty not expressly stated in the TOS.
E. Organic Food Depot® reserves the right at all times: to disclose any information as necessary to satisfy any law, regulation, court order, or other government request.
F. LIST PRICE (MSRP - Manufacturer Suggested Retail Price) is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we advertise our merchandise over the Internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE", if listed, reflects the difference between our price and the supplier-provided list price shown on our site(s). Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other Internet and/or local retailers prior to making a purchase.
G. All prices and product availability subject to change without notice. Unless otherwise noted, prices include shipping but not applicable sales taxes. Product quantities may be limited.
H. It is your responsibility to read all ingredients contained directly on or in any product label or packaging carefully before consuming any product offered on this web site. Manufacturers can change ingredients or manufacturing processes without notice or warning, so you must carefully read the ingredients on or in the product label or packaging itself when you receive it. Organic Food Depot® will not assume any liability for any cross contamination of ingredients, misprints, or adverse reactions on account of any ingredients in the products we offer.
I. The products and the claims made about specific products on or through this site have not been evaluated by Organic Food Depot® or the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
18. LIMITATION OF LIABILITY
You expressly understand and agree that Organic Food Depot® shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Organic Food Depot® has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the service; (ii) the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained from or through the service; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.
Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Organic Food Depot®, the Organic Food Depot® logo, The Whole Organic Catalog, and other Natural Living Warehouse logos, slogans, products and service names are trademarks of Whole Organic, Inc.. Without Whole Organic, Inc.'s prior permission, you agree not to display or use in any manner, the Organic Food Depot®, and/or Natural Living Warehouse Marks.
22. MATERIALS CONTENT DISCLAIMER
All information, documents, products, software, and services (the "Materials") provided on this Website were provided by or to Whole Organic, Inc. by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted and/or patented work of Whole Organic, Inc. and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Whole Organic, Inc. or the Third Party Provider. No part of the Website, including logos, graphics, sounds, images or text, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Whole Organic, Inc. You also may not, without Whole Organic, Inc.'s prior express written permission, "mirror" any Material contained on this Website on any other server
Nothing on this Website shall be construed as conferring any license under any of Whole Organic, Inc.'s or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download Whole Organic, Inc.'s Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, including but not limited to email, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you agree you will immediately destroy any downloaded and printed Materials.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, patent laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All rights are reserved.
23. THIRD PARTY CONTENT
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Whole Organic, Inc.. Whole Organic, Inc. does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Whole Organic, Inc.
24. LINKS TO THIRD PARTY SITES
This Website may be linked to other websites which are not under the control of, and are not maintained by Whole Organic, Inc.. Whole Organic, Inc. is not responsible for the content of those sites or the maintenance of those links. Whole Organic, Inc. is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Whole Organic, Inc. of those sites and/or their parent organization(s).
25. COPYRIGHTS and COPYRIGHT AGENTS
Organic Food Depot® respects the intellectual property of others, and we ask our members to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Organic Food Depot® the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
26. USER COMMENTS, FEEDBACK AND OTHER SUBMISIONS
All information, comments, feedback, suggestions, recipes and ideas disclosed, submitted or offered to Organic Food Depot® in connection with the use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Organic Food Depot®. In addition, by sending Comments to Organic Food Depot®, you are granting Organic Food Depot® a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Comments for any purpose, including, but not limited to, advertising and promotional purposes (for example, in radio, television or print advertisements). No credit or compensation is due to you for such use. Organic Food Depot® also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your submission. You agree that (i) you will be solely responsible for the content of any Comments you make and (ii) you will not submit Comments that are unlawful, defamatory, abusive, obscene, or that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.
27. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Organic Food Depot® and govern your use of the Service, superseding any prior agreements between you and Organic Food Depot®. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Organic Food Depot® shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Organic Food Depot® agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Virginia Beach, Virginia. The failure of Organic Food Depot® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. SUPPORTING MEMBER CARD
Organic Food Depot (OFD) members in good standing who support the store(s) with regular purchases, are eligible to receive and use the OFD Supporting Member Card to obtain an additional 5% discount on in-store purchases, provided certain conditions, as outlined herein, are met. The discount applies to both regular and sale priced items.
You must sign up online and place at least one online order to receive the card. When you place your first order, OFD will create two laminated member cards. These will be placed in your order and can be picked up along with your first order.
Each card has your account holder’s name, account number, bar code version of the account number, and brief set of rules governing the use of the card.
To receive your in-store discount when you check out, YOU MUST PRESENT YOUR CARD TO THE CASHIER BEFORE YOUR FIRST ITEM IS SCANNED.
The card itself must be scanned. The software will not accept a manual entry. If you do not have your card, the cashier can look up your name and assign the sale to your account, but you will not receive the in-store discount on that purchase. However, that purchase will count towards possible future discounts so it is a good idea to always ring up a sale under your account.
After your card is scanned, the program will look up your account and add up all your online and in-store purchases during the last 30 days. Void sales do not count.
The program also looks up your current in-store markup (percentage rate). If your in-store markup is less than 15%, you are already receiving special pricing and you are not eligible for this service. For example, employees who may have a rate lower than 15% are not eligible.
Each Organic Food Depot store sets its own defaults. These are the discount percentage, the minimum dollar purchases necessary to become eligible and the number of preceding days to use for sales accumulation.
Since there may be more than one local Organic Food Depot stores which are independently owned, the member card issued at one Organic Food Depot may not be eligible for an in-store discount at another Organic Food Depot. You will need to ask the manager at the store where you are shopping before beginning your purchase.
You will receive a 5% in-store discount if your online purchases are greater than $100.00 during the last 30 days. Since the in-store markup is 15% above online prices, a member with qualifying purchases will receive an in-store markup rate of 10%, effectively giving you a 5% discount on in-store purchases. This does not apply to online pre-ordered purchases, only in-store purchases.
If your total online purchases are insufficient to meet the minimum, our computer will check your in-store purchases. If your in-store purchases exceed $150.00 in the previous 30 days, you will receive a 5% in-store discount.
If both your online and in-store purchases are insufficient to meet the minimum, then our computer will look to see if your combined purchases in the last 30 days exceed $150.00. If the combined purchases exceed $150.00, you will receive a 5% in-store discount.
If prior purchases are insufficient to meet the required minimums, no discount is given and the current sale will proceed normally.
Members MAY NOT enter into a dispute with the cashier about a discount given/not given. The software calculates eligibility quickly and efficiently. Cashiers do not have access to sales history. If you feel you had qualifying purchases, but were not given a discount, please complete your transaction and then contact the manager, who will take down the necessary information and forward the matter to our programming staff for investigation.
You will also be eligible for the in-store discount when picking up a pre-order after you present your completed, initialed online order check-off sheet to the cashier. When the barcode at the top of that sheet is scanned, our computer looks up your account and determines eligibility.
However, even though you may have an online order, if your account has never had a card issued, the discount option is not active and no discount will be given. Be sure to request your initial pair of member cards so you become eligible.
After the program applies the discount, sales checkout proceeds normally, with nothing further required on anyone’s part. The current sale total is automatically reduced.
Each member account receives two cards with your first online order at no charge. Replacement or additional cards are $5.00 each. Should you need a replacement, please contact the store manager and allow up to three days for processing.
Please report any violations of the TOS to our Webmaster, at