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”).

 

PLEASE READ THESE MEMBERSHIP TERMS AND CONDITIONS CAREFULLY AS THE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND OBLIGATIONS. BY PARTICIPATING IN ANY NUDE FOODS MARKET MEMBERSHIP PROGRAM, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS. YOUR MEMBERSHIP IS ALSO SUBJECT TO NUDE FOODS’ TERMS OF SERVICE AND NUDE FOODS’ PRIVACY POLICY, BOTH AVAILABLE AT NUDEFOODSMARKET.COM.

 

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].

 

These Membership Terms and Conditions REQUIRE all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use and Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the below for the details regarding your agreement to arbitrate any disputes with us.

 

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.

 

Membership Sharing

 

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.

 

Cancellation

 

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.

 

Opt-In/Privacy/Opt-Out

 

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.

 

Limited Liability

 

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.

 

Taxes

 

You are responsible for any tax liability that may result from participation in NFM’s Memberships. Consult your tax advisor concerning such tax consequences.

 

Conflicts

 

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.

 

Indemnification

 

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.

 

DISPUTE RESOLUTION

 

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

 

Governing Law. The laws of the State of Colorado, excluding its conflict of laws rules shall govern this Agreement, the Nude Foods Market Privacy Policy, and any other policies of the Company.

 

Dispute Resolution.

 

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.

 

In the interest of resolving disputes between you and Nude Foods Market in the most expedient and cost-effective manner, you and Nude Foods Market agree that ALL disputes arising out of or related to this Agreement, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms of Use and Service and any other contractual relationship between you and Nude Foods Market. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NUDE FOODS MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

 

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.

 

Arbitration Process. If you desire to assert a claim against Nude Foods Market, and you elect to seek arbitration, you must first send to NFM, by certified mail, a written Notice of your claim (“Notice”). The Notice to NFM should be addressed to: Nude Foods Market LLC | 1630 30th St Ste A-338 | Boulder, CO 80301 (“Notice Address”). If NFM desires to assert a claim against you and elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by NFM, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If NFM and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NFM may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by NFM or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Any arbitration hearing will take place at a location to be agreed upon in Boulder, CO. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party shall pay for its own costs and attorneys’ fees, if any.

 

No Class Actions. YOU AND NUDE FOODS MARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NFM agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use and Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Colorado.

 

Miscellaneous

 

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.

 

NFM’s website use of “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind NFM of who you are, tailor our products and services to suit your interests, estimate our customer size, track your status in our promotions, benefits, giveaways, and/or analyze your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. NFM will only use this type of data in an aggregate form that does not identify you personally.

 

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.