Membership Terms & Conditions
NUDE FOODS MARKET MEMBERSHIP AGREEMENT
We are thrilled that you have decided to become a member of one of our Membership Programs subject to the below terms and conditions. All Nude Foods Market Membership Programs (the “Program” or “Membership”) are administered by Nude Foods Market LLC (“Company” or “we” or “us” or “Nude Foods” or “Nude Foods Market” or “NFM”). By becoming a member of a Program or receiving and claiming the benefits associated with a Program, you (“you” or “Member”) agree to these terms and conditions (“Agreement” or “Terms and Conditions”).
THESE MEMBERSHIP TERMS AND CONDITIONS CONTAIN PROVISIONS THAT (I) LIMIT OUR LIABILITY TO YOU, (II) ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, (III) REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION AND THROUGH FINAL AND BINDING ARBITRATION, AND (IV) PROVIDE FOR AUTOMATIC ANNUAL RENEWAL OF YOUR MEMBERSHIP. PLEASE REVIEW THESE MEMBERSHIP TERMS CAREFULLY AND IF YOU HAVE ANY QUESTIONS ABOUT THE PROGRAM, PLEASE CONTACT US VIA EMAIL AT [email protected].
THIS PROGRAM IS AUTO RENEWING. PLEASE CAREFULLY REVIEW THE TERMS RELATED TO AUTO RENEWAL SO THAT YOU UNDERSTAND HOW AND WHEN YOU WILL BE CHARGED AND HOW TO END YOUR PARTICIPATION.
For purposes of these Membership Terms and Conditions, a “Member” means an individual enrolled in any membership Program offered by NFM listed herein and including any permitted secondary member the primary member has authorized to use the membership. The primary member has sole authority to make changes to the membership and to request and receive appropriate information.
These Terms and Conditions May Change
NUDE FOODS MARKET MAY CHANGE MEMBERSHIP TERMS AND CONDITIONS AT ANY TIME, WITHOUT NOTICE TO YOU. YOU AGREE TO REVIEW MEMBERSHIP TERMS AND CONDITIONS FOR ANY UPDATES. YOUR CONTINUED USE OF YOUR MEMBERSHIP (OR IN THE CASE OF AN EXPIRED MEMBERSHIP) CONSTITUTES AN ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO SUCH CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. You are responsible for remaining knowledgeable of all Program terms and any changes, modifications, or additions to the Program in which you are a Member.
Only the Company has the sole discretion to modify, add, or delete all or any portion of the Program rules, terms, conditions, and benefits, at any time, with or without notice, even though such changes may affect the value of points already accumulated, and /or any benefits. The Company may also terminate any membership, reduce points, or declare any benefits forfeited for attempted violation of these Terms and Conditions, attempted fraudulent activity, malfeasance, commercial or resale activity, or any other reason deemed justified in the Company’s sole discretion.
Eligibility And Enrollment
The Nude Foodie Membership, the Going Commando Membership, and the Buck Naked Membership are paid membership programs that will automatically renew each month or each year unless you cancel. None of the Memberships offered by Nude Foods Market are available where prohibited by law.
By purchasing a membership you are entering into a binding contract on the Terms and Conditions described herein and also agree to receive communications via e-mail messages, text messages, push notifications, or other messages, from Nude Foods Market, our affiliate brands and other brands we carry in our stores.
The Company is not responsible for communications, offers, or rewards sent to out-of-date or changed email addresses. All Program communications will be sent to the primary member’s email or mobile phone currently provided in the member’s membership account. Members must keep their email and mobile phone current. At any time a member inquires into the details of their membership, NFM may ask the member(s) certain security-related questions to verify the member’s identity.
There is a limit of one Membership per individual, email address, and phone number. Direct Family (meaning: spouse, child or parent) of the Individual Member are eligible to use the same Membership. Other family, housemates, roommates, friends, colleagues and any other individual or group not meeting the Direct Family definition are not eligible to share a Membership.
You agree not to sell, transfer, or assign your account or other incentives provided with your membership or any membership rights. These incentives and benefits are not your personal property and may not be inherited, bartered, purchased, assigned or sold. For online users and app users, you are cautioned that you alone are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other devices, as applicable) so that others may not access the account associated with your membership.
Membership Tiers & Benefits
Nude Foodie Membership
The Nude Foodie Membership is a $15 monthly membership paid in advance and provides Nude Foodie members with the following benefits during their membership term:
Pay NO container deposit fees on any items purchased at Nude Foods Market’s e-commerce or retail stores. (Non-members pay $1.50 deposit on each container and receive $1.00 deposit return when the container is returned, resulting in a $0.50 equivalent cleaning fee on each container purchased.) Containers at this time are limited to jars, bottles, bread bags, Nude Foods’ branded bags, green clamshells, clear clamshells and egg containers.
One FREE Month of Membership when you pay for 12 Months in Advance, equal to 12 Months for the Price of 11 Months of Membership.
Member-only sales and discounts.
Invitations to Member-only events.
Going Commando Membership
The Going Commando Membership is a $35 monthly membership paid in advance and provides Going Commando members with the all of the benefits of the Nude Foodie Membership, with the following additional benefit(s) during their membership term:
5% discount on all full-priced items purchased. Under certain rare circumstances subject to Nude Foods Market’s discretion, this discount may not be combined with other discounts or promotional prices offered.
Buck Naked Membership
The Buck Naked Membership is a $95 monthly membership paid in advance and provides Buck Naked members with the all of the benefits of the Going Commando Membership, with the following additional benefit(s) during their membership term:
An Additional 5% discount totaling 10% discount on all full-priced items purchased. Under certain rare circumstances subject to Nude Foods Market’s discretion, this discount may not be combined with other discounts or promotional prices offered.
All Membership Programs
We may, in our sole and absolute discretion, change the Membership Program fees or benefits. If any Membership fee changes, your membership will be valid for the remainder of your Membership Term at the original membership fee after which your Membership Term will automatically renew at the new membership fee.
All credit cards and debit cards accepted by the Company can be used to pay for your Membership Fee. If the card we have on file for you is declined for payment of your Membership Fee, you must provide us with a new card promptly or your Membership will be canceled. If you provide us with a new card that is successfully charged, your Membership will be based on the original sign-up date and not the date of the successful charge.
Your Nude Foods Market Membership may automatically renew each year. You can opt out of auto-renewal by contacting NFM by email to [email protected] with the subject line containing at least “Cancel Auto Renew”.
Unless you notify us before we charge your membership fee for the renewal that you do not want to auto-renew, you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-current applicable membership fee using any credit or debit card we have on record for you. NFM and our third-party payment service providers may request and receive from your payment card issuer updated payment card information, including updated payment card numbers or expiration dates. If the Company or our third-party payment service providers receive updated information, we may use that information to process payment for your applicable membership renewal fee. Your payment card issuer may allow you to opt out of this service. Please contact your payment card issuer for more information.
For any in-store transaction Membership can only be validated upon providing your Phone Number or Email Address and a valid form of ID to NFM staff member who will verify your Membership.
For e-commerce transactions, you must be logged into your account in order to use your Membership benefits and incentives.
NOTE: Members will not receive any Physical Membership Card; instead their Membership details will be stored on the Point of Sale system located at any NFM store or on their associated e-commerce accounts.
All purchases and renewals of a Membership with Nude Foods Market are final whether purchased or renewed at an Nude Foods store, website, or otherwise, unless a request for a refund is made within seven days of the purchase or renewal and provided the Member has not redeemed any of the following benefits since the most recent purchase or renewal. All requests for refunds shall be made via email to [email protected]. If your purchase or renewal was made using a debit or credit card, we will only issue a refund to that same card. If the original card is not present and is not available by scanning the receipt, your refund is processed onto an Nude Foods Market gift card. Cancellations of membership may only be made in one of two ways:
In person at any of our stores. In-store Membership Cancellations must be made at least 1 day prior to the renewal date.
Via email to [email protected]. Membership Cancellations submitted via email must be made at least 14 days prior to the Membership renewal date.
All benefits and incentives associated with Memberships are forfeited upon Cancellation and former members cannot earn benefits or incentives before they again enroll and pay a membership fee.
By providing your enrollment information, you are opting in to receive communications, including email and text communications from Nude Foods Market. You are also permitting us to use your transaction and profile data to send personalized Program communication and exclusive offers.
Members who have opted out of receiving marketing emails are still able to participate in the Membership Program(s) and will receive messages about the Membership in which they are enrolled. You agree NFM may send communications regarding the Membership by mail, phone, email, or other methods, including consent to receive emails, text messages, push notifications, and other communications at any of the e-mail addresses and/or telephone numbers you provide. It is agreed NFM may send communications for any transactional, customer service, order, or order-related matters, and, as applicable, for advertising, marketing, or promotional purposes or other purposes you requested or consented to about all of your Account and your enrolment in a membership program we offer. The messaging frequency will vary.
Nude Foods is not responsible for communications lost or undelivered due to incorrect or outdated email addresses and/or phone numbers.
All members have the option to discontinue receiving communications from us concerning marketing, advertising, promotional activities, and other related activities. To discontinue or opt-out, please email [email protected].
Notice of Financial Incentive
In connection with NFM’s Memberships, we may from time to time offer financial incentives and/or price or service differences (“Incentives”) to Members.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in Membership activities, such as purchase history, date of birth, participation in events, and engagement with the Company as described in these Terms.
Unless otherwise required by law, neither Nude Foods Market nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Membership or these Terms and Conditions, including but not limited to, use of the Membership and any redemption for or purchase of products or benefits of the Membership Program except that any liability that Nude Foods or any Employee representative may have to you in concerning the Membership Program shall be limited to the benefits and/or incentives you have earned in accordance with these Terms and Conditions.
You are responsible for any tax liability that may result from participation in NFM’s Memberships. Consult your tax advisor concerning such tax consequences.
These Terms and Conditions supersede any previous terms and conditions governing your membership. If any part of these Terms and Conditions conflicts with applicable law, that provision will be deemed severed from these Terms and Conditions and the remainder of the Terms and Conditions will remain in effect.
DISCLAIMER OF WARRANTIES
THE PROGRAM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PROGRAM, OR THE GOODS AND SERVICES PROVIDED THROUGH THE PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE PROGRAM OR GOODS AND SERVICES ACQUIRED THROUGH THE PROGRAM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY OF THE WEBSITE OR THE COMPANY SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION , WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S OR ITS AFFILIATES’ DIRECTORS, EMPLOYEES, PARTNERS, AGENTS,SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY GROUP”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE PROGRAM IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S (AND THE ENTIRE COMPANY GROUP’S) TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS OR OTHER FEES ACTUALLY RECEIVED IN THE PRIOR TWELVE MONTH PERIOD BY THE COMPANY FROM YOU UNDER THIS AGREEMENT.
You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement or your use of the Program.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
We will work in good faith to resolve any issue you have with the Membership Program working in accordance with this Agreement, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
Exceptions to Arbitration Agreement. Notwithstanding the paragraph above, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Under no circumstances will Nude Foods Market or its affiliates be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control or because one or more grocery items or other products may not be available for sale at all times.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. All trademarks, service marks and trade names used in any Program are with the permission of Nude Foods Market. All trademarks, service marks, and trade names used by Nude Foods Market, are the property of the Company. No use of these may be made without the prior written authorization of NFM.
Termination and Forfeiture
Important note: Subject to any requirements or limitations of applicable law, Nude Foods Market may at any time for any reason terminate any Program without liability to Nude Foods Market.