Terms of Use
Effective Date: July 26, 2021
Introduction
Welcome to shopnfg.com from North Food Group Inc. (NFG). By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy which is incorporated herein by reference.
Section 1. Modification
We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.
Section 2. Acceptable Use
By visiting our websites and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:
b. Your Account Login and Control. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
d. Do Not Interfere With or Disrupt Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
e. Additional Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
f. Your Unauthorized Activities Have Consequences. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. User-Generated Content. We may provide various open communication tools on our websites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites and mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
iii. contains any type of unauthorized or unsolicited advertising.
iv. impersonates any person or entity, including any NFG employees or representatives.
Section 3. Customer Experience & Restrictions
b. Price. The prices displayed through our website may differ from the prices offered by other sales for the same products and may not be the lowest prices available. NFG reserves the right to change prices at any time, and to limit your order or the quantity of a product you may order. If certain products are not priced correctly, NFG may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
c. Availability. We may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable on pickup date. In the event of any supply chain disruption that affects your order, you could pick up the rest of your order and we issue you a refund for the unavailable items. In such circumstances, you'll see the unavailable item marked as "Out of Stock" on the invoice. If something is missing from your order and is not marked as "Out of Stock", please contact our Customer Service Department.
d. Cancellations. Before the scheduled time, you may cancel order by contacting us. We may charge a fee for cancellations made after the scheduled time. The cancellation fee equals the total amount of any other items that cannot be resold due to the late cancellation.
e. Payments. Payments for products or services on NFG may be made through an authorized and unexpired payment card. NFG reserves the right to cancel or amend any order and close or suspend any account in the event an expired, fraudulent, or otherwise suspicious payment method is associated with the account.
f. Pick Up. You order needs to be picked up within scheduled time. You can reach us to reschedule if you can’t make it.
g. Your Orders. You will receive an email with a link to your order when your order is received. You may access your orders through your account in the "My Account" section.
h. Returns & Refunds. NFG is committed to your satisfaction. In some cases, you may receive a product that fails to meet our standards for quality. If this occurs, please reach out to us. Our products are subject to different return policies:
• Fresh Products. These products are not eligible for return, you need to check on site (for pickup customer only).
• Shelf Stable Food Products. These products are not eligible for return, but they may be eligible for refund by making a request within 7 days after receiving. If there is a concern with the product, please document your concerns with pictures and a description of the product concern and reach out to us.
• Cooking Utensils, Other Non-Food Products. These products are eligible for return within 7 days of after receiving. If there is a concern with the product, please document your concerns with pictures and a description of the product concern and reach out to at customer@shopnfg.com
To request a refund, please contact our Customer Service Department at Email or phone call. Unless otherwise noted above, all refund requests must be submitted within 48 hours after receiving.
Section 8. Disclaimers
The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, NFG disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). NFG does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. NFG does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all these disclaimers may not apply to you.
Section 9. Limitation of Liability
To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall NFG be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if NFG or a NFG representative has been advised of the possibility of such damages. Notwithstanding the foregoing, NFG's total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of NFG), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to NFG(if any) during the 30 day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
Section 10. Indemnification
You agree to indemnify and hold harmless NFG and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by us.
Section 11. Arbitration Agreement
If you are a NFG member in the United States (including its possessions and territories), you and NFG agree that any dispute, claim or controversy arising out of or relating in any way to the NFG Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and NFG are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your NFG membership.
If you elect to seek arbitration or file a small claims court action, you must first send to NFG, by certified mail, a written Notice of your claim ("Notice"). The Notice to NFG must be addressed to: Legal Department, North Food Group Inc. 1245 North Royal Lane, Dallas, TX 75261 ("Notice Address"). If NFG initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by NFG, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If NFG and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NFG may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless NFG and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of NFG's last written settlement offer made before an arbitrator was selected (or if NFG did not make a settlement offer before an arbitrator was selected), then NFG will pay you the amount of the award or US$250, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND NFG 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 NFG 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Section 12. Governing Law
These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict of law principles.
Section 13. Customer Support
To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the Contact Us on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will control.
Section 14. Survival
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Section 15. Changes to Terms and Assignment
NFG may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.
Section 16. Communication Preferences
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.