Proprietary Rights; Content and Trademarks
All right, title and interest in this Website, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Natural Grocers/or its licensors. Nothing in these Terms and Conditions or otherwise will be deemed to grant to you an ownership interest in this Website, in whole or in part.
All content included on this Website, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software and other material (collectively “Content”) is owned by or licensed property of Natural Grocers or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Natural Grocers owns a copyright in the selection, coordination, arrangement and enhancement thereof.
NATURAL GROCERS BY VITAMIN COTTAGE®, VITAMIN COTTAGE®, VITAMIN COTTAGE NATURAL GROCERS® and other related marks, design marks, product names, feature names and related logos used in this Website are trademarks of Natural Grocers and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Natural Grocers. In addition, the look and feel of this Website constitute the service mark, trademark and/or trade dress of Natural Grocers and may not be copied imitated or used, in whole or in part, without the express prior written permission of Natural Grocers. Natural Grocers’ trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Natural Grocers or suggests a sponsorship, affiliation or endorsement by Natural Grocers.
All other trademarks, service marks, logos, slogans, domain names and trade names used on this Website are the properties of their respective owners.
Grant of License
- Reproduce, duplicate, sell, resell, distribute, re-distribute or otherwise exploit any portion of this Website or any materials appearing thereon;
- Make any commercial use of this Website or any Content, including (i) making any collection or use of any product listings, descriptions, prices, or images or (ii) downloading, copying or transmitting any Content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots or intelligent agents) to navigate or search this Website;
- Circumvent, disable or otherwise interfere with any security-related features of this Website;
- Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing any Content;
- Use any meta tags or any other hidden text utilizing Natural Grocers’ name or trademarks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this Website, or express or imply that we endorse any statement you make;
- Use a buying agent to conduct transactions on this Website;
- Conduct fraudulent activities on this Website;
- Violate or attempt to violate the security of this Website, including, without limitation:
- accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- trying to change the functionality of this Website;
- attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
- attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to this Website, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;
- forging any header or any part of the header information in any e-mail or posting; or
- forging communications on behalf of this Website (impersonating this Website) or to this Website (impersonating another user);
- Send unsolicited or unauthorized email on behalf of Natural Grocers, including promotions and/or advertising of products or services;
- Tamper with or modify this Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of this Website or any activity being conducted on this Website;
- Use this Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of this Website;
- Restrict or inhibit any other person from using this Website (including, without limitation, by hacking or defacing any portion of this Website);
- Use this Website to advertise or offer to sell or buy (other than from Natural Grocers) any goods or services;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this Website; or
- Remove any copyright, trademark, or other proprietary rights notice from this Website or materials originating from this Website.
We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (i) any errors or omissions on this Website, including, without limitation, any technical inaccuracies, typographical errors or other mistakes; (ii) any third party websites or content therein directly or indirectly accessed through links on this Website, including, without limitation, any errors or omissions on such third party websites; (iii) the unavailability of this Website or any portion thereof; (iv) your use of this Website; or (v) your use of any equipment or software in connection with this Website.
User Reviews, Comments and Submissions
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Natural Grocers assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Natural Grocers a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant to Natural Grocers the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.
Content is also provided by third party visitors to this Website. Please note that visitors to this Website may post content that is inaccurate, misleading, or deceptive. Natural Grocers neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Natural Grocers will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Natural Grocers.
Natural Grocers respects the intellectual property rights of others and expects users of this Website to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Natural Grocers will respond expeditiously to claims of copyright infringement committed using this Website if such claims are reported to our DMCA designated agent identified below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through this Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our DMCA designated agent. Upon receipt of a DMCA notice, Natural Grocers will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from this Website.
A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on this Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and
- Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent:
Natural Grocers by Vitamin Cottage, Inc.
12612 West Alameda Parkway
Lakewood, CO 80228
Links to Third Parties
This Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Natural Grocers. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service or content from this Website, you do so at your own risk and you agree that Natural Grocers will have no liability arising from your use of or access to any third-party website, service, or content. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
Disclaimer or Warranties
Natural Grocers cannot and does not represent or warrant that this Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
NATURAL GROCERS PROVIDES THIS WEBSITE AND ALL GOODS AND SERVICES ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. NATURAL GROCERS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. NATURAL GROCERS WILL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS, DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY NATURAL GROCERS IN WRITING.
IF NUTRITION, INGREDIENT OR OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THIS WEBSITE, NATURAL GROCERS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THIS WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS, MAY APPEAR ON THIS WEBSITE. IN NO EVENT WILL NATURAL GROCERS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THIS WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
NOTHING IN THIS WEBSITE IS INTENDED AS OR SHOULD BE CONSTRUED AS, MEDICAL ADVICE. ANY HEALTHCARE AND/OR NUTRITIONAL MATERIAL CONTAINED IN THIS WEBSITE IS FOR CONSUMER INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. SUCH MATERIAL IS NOT INTENDED AS MEDICAL ADVICE FOR CONDITIONS OR TREATMENT, NOR IS IT INTENDED AS A SUBSTITUTE FOR A MEDICAL EXAMINATION BY A HEALTHCARE PROFESSIONAL. CONSUMERS SHOULD CONSULT THEIR OWN HEALTH CARE PROFESSIONALS FOR INDIVIDUAL MEDICAL RECOMMENDATIONS.
The views, opinions, and positions expressed within these guest posts are those of the author alone and do not represent those of Natural Grocers. The accuracy, completeness, and validity of any statements within these guest posts are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with the author.
Limitation of Liability
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through this Website may be governed by the rules on our Rules and Conditions for Contests and Giveaways page.
Governing Law; Dispute Resolution
Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.
If you have any concerns about Natural Grocers or your use of this Website, please contact us with a detailed description, and we will try to resolve it.
Last Updated: March 2015