Welcome to Community Natural Foods. The following terms and conditions, together with any documents or additional terms, conditions or policies referred to herein or available by hyperlink, including the Privacy Policy (collectively, the “Terms”) apply to your use of the websites, including communitynaturalfoods.com, and all its subdomains as well as mobile applications, owned, operated or maintained by Community Natural Foods (“CNF”, “we”, “us”) and any content, functionality, and services available on or through our websites (collectively, the “Website”). These Terms govern the use of the Website by each user of the Website (“you” or “your”).
By accessing any part of the Website, you agree to be bound by these Terms. If you do not accept and abide by these Terms, you should not access or use the Website.
These Terms constitute a binding legal agreement between you and CNF. You must read these Terms carefully before using the Website. CNF reserves the right to modify or amend these Terms without notice at any time. As such, it is important that you review these Terms on a regular basis so that you are aware of any such changes. You waive any right you may have to receive specific notice of such changes or modifications, and your continued use of the Website following any such changes or modifications confirms your acceptance.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with CNF for other products or services, such as CNF gift certificates. To the extent that there is any conflict between these Terms and the CNF Membership Terms and Conditions, the Membership Terms and Conditions will govern.
In these Terms:
“Online Account” means an online membership account with CNF created in accordance with section 5 of the CNF Membership Terms and Conditions or an online account created by an individual who is not a Member in accordance with section 4 of the CNF Ecommerce Terms and Conditions.
“Member” means an individual that is a registered Member of CNF in accordance with the CNF Membership Terms and Conditions.
The Website is not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and the age of majority in your jurisdiction of residence (“Under the Age of Majority”), you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are Under the Age of Majority, then you must review these Terms with your parent or guardian, and obtain consent from your parent or guardian to accept these Terms, including as they may be amended from time to time. For the purposes of these Terms, all references to “you” will include your parent or guardian on your behalf, as applicable.
By using this Website, you represent and warrant that you are able under applicable law to form a binding contract with CNF. If you do not meet these requirements, you must not access or use the Website.
As a condition of your access and use of the Website, you agree that you will use the Website only for lawful purposes in accordance with these Terms.
To register for an Account on the Website, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your Account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your Account. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to notify us as soon as possible.
CNF may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your Account.
All orders, purchases or transactions using the Website are subject to the CNF Ecommerce Terms and Conditions [LINK].
By accessing any part of the Website, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form, and as reflected in CNF’s privacy policy, found at [LINK] (the “Privacy Policy”) and any questions in that regard may be directed to CNF’s privacy contact (as identified in the Privacy Policy). Should CNF change its Privacy Policy, the revised policy will be posted on the Website.
You may not use the Website to take any action that could harm us or anyone else, interfere with the Website, or use the Website in a manner that violates any law. For example, without limiting the generality of the foregoing, you may not:
You understand and agree that all content, code, features, functionality, software and any other materials that are part of the Website (collectively, “CNF Materials”) are the property of CNF or its third-party licensors, as may be applicable, and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the CNF Materials.
You acknowledge and agree that all trademarks or logos on the Website (including, but not limited to, all CNF logos or marks which incorporate any and all CNF designs, marks, logos, taglines or other indicia) are the property of CNF or its third-party licensors, as applicable. Any trademarks or logos used on the Website cannot be used commercially without the prior written consent of CNF or its third-party licensors, as applicable.
If you send or transmit any communications to CNF suggesting or recommending changes to the Website or its contents, including without limitation, new features or functionality (“Feedback”), CNF is free to use such Feedback irrespective of any other obligation or limitations between you and CNF regarding such Feedback. You hereby assign to CNF all right, title, and interest in, and CNF is free to use, without attribution or compensation to you, any ideas, concepts, or other intellectual property rights contained in your Feedback, for any purpose whatsoever.
For your convenience, the Website may contain links to third party websites or online services (“Third Party Sites”) that are not under the control of CNF. Such links do not constitute an endorsement by CNF of those Third Party Sites, the content they display, or people associated with them. We make no representations about any Third Party Sites that may be accessed from the Website. These Terms do not apply to Third Party Sites. If you choose to access Third Party Sites, you do so at your own risk. Your use of Third Party Sites will be subject to the terms of use and privacy policies of the Third Party Sites.
You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged by or in connection with your use of or reliance on any such content, goods, or services available on or through Third Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites that you visit.
We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various features, or functions available through our Website. Your use of third‑party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that CNF assumes no liability with respect to your use of such third‑party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by CNF.
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Website and your Account, in whole or in part, without prior notice. We may also suspend or terminate the benefits and services offered through the Website without prior notice. Upon termination, you must cease all use of the Website and your Account, including any content in the Website. Otherwise, sections of these Terms which by their nature would reasonably be expected to survive termination shall survive termination.
WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS WEBSITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE INFORMATION CONTAINED HEREIN (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THIS WEBSITE). ALL WARRANTIES AND REPRSENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS.
CNF DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, CNF DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE FUNCTIONS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CNF THROUGH THE WEBSITE, OR IN RELATION TO THE WEBSITE SHALL CREATE ANY WARRANTY OR CONDITION.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CNF OR ANY OF THE RELEASED PARTIES (DEFINED BELOW) BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE, OR YOUR ACCESS, USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, OR ANY CONTENT, MATERIALS, OR INFORMATION THEREON, HOWEVER CAUSED, WHETHER BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, FUNDAMENTAL BREACH, BREACH OF PRIVACY, STRICT LIABILITY OR OTHERWISE, EVEN IF CNF WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CNF AND THE RELEASED PARTIES WILL NOT BE LIABLE FOR:
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CNF, its parent Calgary Co-op, its respective subsidiaries, affiliates, related entities, suppliers, distributors, advertising agencies, licensors, and each of their officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns (collectively the “Released Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, fines, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) your (or anyone acting under your username or password) breach of these Terms and/or any other terms incorporated by reference; (ii) your (or anyone acting under your username or password) use or misuse of the Website; (iii) your (or anyone acting under your username or password) failure to comply with any applicable laws or regulations in connection with the Website any other services connected therewith, or any other services offered through the Website; (iv) your (or anyone acting under your username or passwords) negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Website; (v) any Feedback you provide; (vi) any of your dealings or transactions with other persons or third party platforms resulting from your use of the Website; or (vii) or your conduct in connection with the Website.
Each Member is responsible for all activity on their Account, and for the use of any membership benefits offered through the Website.
These Terms are governed by the laws of the province of Alberta and the federal laws of Canada applicable in Alberta, without reference to conflict of laws provisions.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating to or arising out of the Website that cannot be resolved informally shall be final and binding arbitration. The arbitration shall be held in Calgary, Alberta and the arbitration will be held in English. There shall be one arbitrator agreed to by you and CNF. We shall equally share the arbitrator and facility fees, and you will bear your own legal costs and expenses of the arbitration.
CNF reserves the right to seek all remedies available at law and in equity for violations of these Terms. Any waiver by CNF of your strict observance, performance or compliance of any portion of these Terms and any extension of time or other indulgence granted by CNF, either expressly or by course of conduct, shall not alter, affect or prejudice any of CNF’s rights or remedies and shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any of CNF’s rights and remedies arising in respect of any other breach of these Terms.
No delay or omission by CNF in exercising any right or remedy hereunder shall operate as a waiver of that or any other right or remedy.
Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.
Each of the provisions contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms.
The terms of this Section 13 will survive termination of these Terms.
If you have any questions about the Website or these Terms, please email us at customercare@mycnf.com.