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Welcome to earthfare.com, the website of Earth Fare, Inc. (“Earth Fare”).

Use of this Website

Your use of Earth Fare’s website is subject to these Terms and Conditions. Please read them carefully. By using this website, you agree to the Terms and Conditions described below. If you do not wish to accept these Terms and Conditions, you should immediately stop using this website.

You may not use the website for any illegal purposes or in a manner that is inconsistent with these Terms and Conditions. You agree to use the website solely for your personal, educational, informational, and entertainment use, and not for any other purpose, including any commercial use.

THIS WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND EARTH FARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Earth Fare does not guarantee that this website will always function without errors or service interruptions or will be free of harmful components such as viruses.

This website is not for use outside of the United State of America.

Intellectual Property

All right, title, and interest in this website and its contents, excluding linked websites, but including all intellectual property, belongs to Earth Fare or is licensed to Earth Fare and is protected by state and United States intellectual property law. Our logo, graphics, and service names are trademarks, registered trademarks, or trade dress of Earth Fare and may not be used in connection with any product or service that is not Earth Fare’s, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Earth Fare. Earth Fare grants you a non-exclusive, non-transferable, limited license to view the website and to download or print information from the website for your personal use as long as you do not remove or obscure any copyright or other notices. This limited license does not include other purposes, including resale or commercial use, derivative use, data mining or gathering. Any unauthorized use of the website terminates this limited license. You cannot reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for commercial purposes any portion of the website without the prior written consent of Earth Fare.

Health and Ingredient Information

All information on this website providing health-related information is for reference purposes only. Unless so noted, this information is provided by third parties and Earth Fare cannot confirm its accuracy, quality, completeness, currency, or validity. Information regarding dietary supplements has not been evaluated by the Food and Drug Administration and these supplements are not intended to treat, cure, or prevent any health condition. We do not endorse or warrant the validity of any health claims on our website or on any linked website. Please consult a health care provider regarding treatment of any health conditions or issues or before beginning a new diet or exercise program.

We work hard to maintain correct information regarding ingredients from manufacturers, but cannot be responsible for unlabeled ingredients or cross-contamination and any resulting individual reactions. Please carefully read all labels and contact manufacturers for more information about products.

Forums

Earth Fare’s website includes forums, recipe board, ratings, personal profiles, and other similar information sharing portions ("Forums"). Information in the Forums is supplied by third parties and other website users unless it is identified as information provided by Earth Fare.

You agree not to post any of the following material in any Forum:

  • material which threatens or abuses others;
  • material which is defamatory or libelous;
  • material which is invasive of another's privacy;
  • material for which you do not have the right to post, including the proprietary material of any third party;
  • material which is illegal;
  • material which advocates illegal activity or discusses an intent to commit an illegal act;
  • material for advertising or commercial solicitation;
  • material which is vulgar, obscene, pornographic, or indecent; or
  • material which does not pertain directly to the subject matter of the particular forum.

You also agree not to:

  • select or use a name or email address of another person with the intent to impersonate that person;
  • use a name or e-mail address subject to the rights of any person without authorization;
  • use a name in violation of the intellectual property rights of any person; or
  • use a name that Earth Fare, in its sole discretion, deems offensive.

If you supply information on a Forum, you agree to be solely responsible and liable for such information. Earth Fare reserves the right, but not the obligation, to monitor Forums and to remove or refuse to post any information.

By submitting information to the Earth Fare website, the submission becomes Earth Fare’s property and you grant Earth Fare a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world without any compensation to you.

Privacy Policy

You should also review our Privacy Policy which describes how we may collect, use, and store information you provide us while using this website.

Links to Other Websites

Earth Fare’s website includes links to other websites that are not affiliated with, controlled by or maintained by Earth Fare. Such links are not an endorsement of these websites or their content. We have not reviewed any such websites and do not assume any responsibility for the content, availability, or privacy practices of such websites.

Changes to Earth Fare’s Website

Earth Fare reserves the right to change or remove any part of the website without prior notice and to change, remove, or discontinue any promotion and/or coupon without prior notice.

Limitation of Liability

Earth Fare, its licensors, service providers, content providers, employees, contractors, consultants, agents, officers, and directors are “Covered Parties." None of these Covered Parties will be liable to you for any loss, liability, claim or direct, incidental, indirect, consequential,or special damages, including attorneys’ fees, loss of revenue, profit or income, pain and suffering, emotional distress,or similar damages connected with your use of this website, even if the Covered Party is negligent or has been advised of the possibility of such damages.

Indemnification

You agree to hold harmless and indemnify Earth Fare, its licensors, service providers, content providers, employees, contractors, consultants, agents, officers,and directors from and against all liabilities, legal fees, damages, losses, costs,and other expenses in relation to any claims or actions brought against Earth Fare arising out of any breach by you of these Terms and Conditions or your use of this website, including, but not limited to, claims or actions resulting from information you posted on a Forum or unauthorized use of material from the website.

Applicable Law, Jurisdiction and Venue

By visiting this website, you agree that the laws of the State of North Carolina, United States of America will govern these Terms and Conditions and any disputes arising between you and Earth Fare relating to these Terms and Conditions, all without regard to principles of conflicts of laws.

Any such dispute shall be adjudicated in any state or federal court in Buncombe County, North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Entire Agreement and Severability

These Terms and Conditions, together with any documents expressly referred to or notices provided on the website, contain the entire agreement regarding your use of the website.

If any provision of these Terms and Conditions is unlawful, void, voidable, illegal, or otherwise unenforceable, then that provision shall be severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.

Tomato Bank Terms & Conditions

Earth Fare respects your privacy and will only use your information for Earth Fare promotions and newsletters. Earth Fare does not sell or rent email addresses, phone numbers, or mailing addresses. You will not be signed up for Earth Fare’s text program by providing your phone number for your Tomato Bank ID.

Earth Fare reserves the right, at any point in time, to discontinue or make changes to the Tomato Bank program. Earth Fare may cancel an account, if points are being earned or used in a fraudulent way.

Earning Points
You will receive 100 points for joining Earth Fare’s Tomato Bank. To earn more points, you must enter your 10 digit Tomato Bank ID (established at sign up) during your transaction at the register. When a Tomato Bank ID is not entered, no points will be earned in that transaction.

Points can only be accumulated at Earth Fare, the healthy supermarket. Point accumulation occurs by taking actions at Earth Fare; points are NOT accumulated according to the amount of your purchase. Each week, Tomato Bank members subscribed to Earth Fare’s promotional emails will receive an email to announce the week’s featured action (if applicable) and featured foods (Get List Items.) These emailed action details vary; they all include an expiration date. Most, but not all, opportunities to earn Tomato Bank points require a purchase. Some actions have limits (see below.)

Actions that earn points include:

  • Entering in your Tomato Bank ID every time you shop= 5 points, limit 1 per transaction, limit 3 times a day
  • Bring your own bag- Every time you use your own bag= 5 points, limit 1 per transaction, limit 3 times a day
  • Family Dinner Night- Come eat with us Thursday from 4:00 p.m. – 8:00 p.m. & Kids Eat Free= 10 points, limit 1 per day
  • Good Olde Days- Come eat with us every Tuesday from 4:30 p.m. – 7:30 p.m. = 10 points, limit 3 per day
  • Burgers for Bucks- Come eat with us every Sunday from Noon- 3:00 p.m.= 10 points, limit 1 per day
  • Get List- Foods featured each week in the Tomato Bank emails. Buy the specific food = 25 points, limit 1 food per transaction, limit 1 per day
  • Buy ALL 4 Get List foods and get an extra 100 point bonus
  • Weekly Action- Action featured each week in the Tomato Bank email= point values vary by promotion, limit 1 per person, per lifetime of promotion (changes when it is transaction based)

Redeeming Tomato Bank Points

Tomato Bank points can only be redeemed at Earth Fare registers. Your Tomato bank ID must be entered to redeem your points. Points can only be redeemed in 100 point ($1.00) increments.

Points are valued at 100 points for $1.00 in Earth Fare credit. Points CANNOT be redeemed towards for beer, wine or girt card purchases. The minimum point value required to redeem your points is 100 points. Points can be redeemed in 100 ($1.00) increments.

Additional Terms

  • Tomato Bank accounts are limited to one active account per person.
  • Tomato Bank members agree that you will not allow non-account holders to use any aspect of your account information. You have responsibility for taking steps to maintain the confidentiality and security of your account.
  • Earth Fare reserves the right, at any time, to modify Tomato Bank program details and to impose new or additional terms or conditions on its use. Such modifications and additional terms and conditions will be effective immediately.
  • Upon the receipt of a credible and validated complaint, Earth Fare may elect to immediately suspend the Tomato Bank membership of the member in question. 

Changes to the Terms and Conditions

Earth Fare reserves the right to change these Terms and Conditions periodically without prior notice.