Welcome to www.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.
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.
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.
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.
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.
EARTH FARE HEALTHY REWARDS® TERMS AND CONDITIONS
EFFECTIVE AS OF JANUARY 11, 2017
To participate in the benefits of the Healthy Rewards® program, you must either complete and sign a Healthy Rewards application in any Earth Fare location or create an account (“Digital Account”) at www.earthfare.com/healthyrewards or in the Healthy Rewards mobile application (“Digital Platforms”). Previous Earth Fare loyalty accounts through the Tomato Bank program will automatically be transitioned to Healthy Rewards accounts, including the full point valuation as of January 10, 2017. Your account expires after one (1) year of account inactivity.
Earth Fare reserves the right, at any point in time, to discontinue or make changes to the Healthy Rewards program. Earth Fare may cancel an account, if points are being earned or used in a fraudulent way.
The Healthy Rewards program will provide you with the ability to earn Points and/or other Rewards in the form of Member Pricing and Coupons.
Earth Fare will offer rewards in the form of numerical points (“Points”) for qualifying purchases or activities. Points have no cash or property value even if theyare accumulated based on amounts (i.e. dollars) spent, or they may be redeemed for certain “Dollars off“ of a purchase. Accumulation methods and redemption values may change from time-to-time. Points currently expire 365 days after the Points post to your Healthy Rewards account.
Unless otherwise provided in Rewards Additional Terms, you must present your Healthy Rewards card or Healthy Rewards (previously Tomato Bank) 10-digit ID number at the time of purchase to receive or redeem Points or other Rewards. When neither a Healthy Rewards card nor ID is entered, no Points, Rewards, or Healthy Rewards Offers will be earned in that transaction.
Healthy Rewards Points can only be accumulated and redeemed at Earth Fare locations only.
Where Points or other Rewards are based on Dollars spent, the applicable calculation will be based on the post-discounts net price you pay for the Qualifying Product, excluding taxes and other charges, and are subject to forfeiture or adjustment if you return or exchange the underlying product. Other restrictions may apply. Earth Fare may choose to offer, on a non-discriminatory basis, incentive programs such as double Points, to certain, but not all, Healthy Rewards program members.
Points will typically post to your account within 24 hours of your purchase date. If you return an item in a Qualifying Purchase for which you received points, Earth Fare may deduct the corresponding number of Points from your account.
Healthy Rewards points can only be redeemed at Earth Fare registers. In-store, your Healthy Rewards Card or ID must be presented to redeem your points. Points can only be redeemed in 100 point ($1.00) increments.
Points CANNOT be redeemed towards alcohol or gift card purchases. The minimum point value required to redeem your points is 100 points ($1.00).
Member Pricing & Coupons
Healthy Rewards members may qualify for membership-specific discount pricing on Qualifying Products whether via purchase or with member coupon at point of sale. The pricing on Qualifying Products is only valid during the Qualifying Timeframe as denoted at point of sale or coupon. The Membership Price is only available once the Healthy Rewards Card or 10-digit ID number is provided at the register. Member Pricing and Coupons that are awarded exclusively on the Healthy Rewards Digital Platform cannot be redeemed without a Healthy Rewards member activating their Digital Account and subsequently opting-in to receive the Member Pricing and Coupons via the Digital Platform (i.e. www.earthfare.com or the Healthy Rewards mobile app).
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 Healthy Rewards ID.
- Healthy Rewards accounts may be considered inactive after one full year inactivity (i.e. no points redeemed or accrued). Point totals for inactive accounts may be expired. Expired points may not be reclaimed.
- Healthy Rewards accounts are limited to one active account per person.
- Healthy Rewards members agree that you will not allow non-account holders to use any aspect of your account information. Members are responsible for taking steps to maintain the confidentiality and security of their Healthy Rewards account.
- Earth Fare reserves the right, at any time, to modify the Healthy Rewards 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 Healthy Rewards membership of the member in question.
CHANGES TO TERMS & CONDITIONS
Earth Fare reserves the right to change these Terms and Conditions periodically without prior notice.