Whole Foods Market Services, Inc. Trends Box Program Terms of Use

Welcome to wholefoodsmarkettrends.com (the “Site”) brought to you by Whole Foods Market Services, Inc. (“WFM”). This Site is maintained and operated by IDR Marketing Partners LLC d/b/a Brandshare (“Brandshare”) (collectively, WFM and Brandshare shall be referred to herein as “Company”). The following Terms of Use govern your access to, and use of, all or part of this Site (the “Terms”).

By accessing, viewing, or using the content, material, products or services available on or through this Site, you certify that you have read, understand, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated into these terms by reference as if fully set forth herein. You further certify that you are at least eighteen (18) years of age, or that you have the permission of a legal guardian (e.g., a parent) to use the Site. If you do not agree to any of the terms set forth in these Terms, you are not granted permission to use this Site and must exit and discontinue your use of it immediately.

WFM may change these Terms at any time and for any reason without notice to you. By continuing to use the Site after WFM posts any change, you accept the Terms as modified. You agree that WFM is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST COMPANY, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact WFM at privacyandterms@wholefoods.com.

Use of the Site

Subject to these Terms, Company hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder.

In order to access certain content, services or features made available through the Site, you may be asked to register and create an account. WFM reserves the right to revoke, suspend, or terminate your registration for any reason at any time including as a result of a violation of these Terms, including a violation of WFM’s Privacy Policy, without notice.

As part of the registration process, you may be asked to click that you agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide WFM with certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, physical address, and email address. You represent that the personal information you provide to WFM via the Site is true, valid, complete, and up-to-date in all respects. You will be responsible for the confidentiality of your password and login and for all statements made and acts or omissions that occur on your account, including without limitation, in the event that a third party has access to and uses your password and account login in any way. If you believe someone has used your password or account without your authorization, you must notify WFM immediately. Your account may also be restricted or terminated for any reason, at WFM’s sole discretion. WFM may also change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time without notice.

Company and its affiliates have no liability to you for content on the Site that you find offensive, indecent, or objectionable.

WFM may sell products for children’s use on the Site; however, these products are intended for selling to adults. Individuals may use the Site to create gift or wish lists for individuals, including children under the age of thirteen (13) by making product selections for the child; additional personally identifiable information about the child should not be provided to Company.

Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of Company or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.

General Restrictions on Use

You agree to use the Site only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Site as authorized in these Terms and for no other purposes.

You will not (and will not attempt to): (a) violate or attempt to violate the security of the Site; (b) gain unauthorized access to Company’s computer systems or engage in any activity that interferes or attempts to interfere with the performance of, or impairs the proper functionality or security of the Site or Company’s networks and computer systems; (c) WFM access the Site by any means other than through the interfaces that are provided by Company; (d) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Company; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity.

Billing; Services; Purchases; Acceptance

You represent that all billing information you provide WFM is truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, WFM may also request additional information from you. WFM reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by WFM’s credit and fraud avoidance department.

WFM reserves the right to limit the quantity of boxes purchased per person, per household or per order for any reason. WFM also reserves the right, in its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” shall be defined as purchasing or intending to purchase any product(s) from WFM for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Billing and Payment Processor

WFM uses Amazon Pay processor to process transactions made through the Site.

Shipping; Delivery; Risk of Loss

Any merchandise or products purchased from the Site (including the box which will be shipped to you as part of your order) will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon WFM’s delivery of the merchandise or products to the carrier.

We are unable to cancel, make modifications or change your shipping address after your checkout is completed. Please be sure to verify your selections and information before you complete your order.

Product and Pricing Information; Quantities

All prices displayed on the Site are quoted in U.S. dollars. WFM will add shipping and handling fees and applicable sales/use tax in accordance with its then existing policies.

Disclaimer

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SITE CONTENT, USER CONTENT, MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR IN ANY BOX SHIPPED TO YOU PURSUANT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You acknowledge and agree that any and all representations, promises, warranties or statements by Company’s salesperson, representative or agent that differ in any way from the terms hereof shall be given no force or effect. If Company furnishes you with any advice or assistance concerning any services, products, subscriptions, systems or work which is not required pursuant to these Terms, the furnishing of such advice or assistance shall not subject Company to any liability whatsoever to you, whether in contract, in tort (including negligence), under warranty or otherwise.

THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Links To and Features Provided by Third Parties

The Site may contain links or references to other websites or feature services of third parties for the convenience of users: (a) in locating information, products, or services that may be of interest; (b) with performing or receiving the services made available through the Site, and complying with any requirements associated with such transactions. These third-party websites and services may be available on the Site via a link, redirect, plug-in, integrated application, or other technology, and may be recognized automatically by your browser. Company does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. References on the Site to any names, marks, products, services of third parties or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Company is not responsible for the content of any linked site or any link contained in a linked site. Your use of a third-party site linked from the Site is at your own risk and will be governed by such third party's terms and policies. Company encourages you to read the privacy policies and terms of use linked or referenced in connection with third party websites.

Privacy

You acknowledge that any personal information that you provide through the Site will be used by Company in accordance with WFM’s Privacy Policy at: https://media.wholefoodsmarket.com/privacy-policy/, the terms of which are incorporated here by this reference.

Ownership

As between you and Company, Company owns all copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, data formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials in or made available through the Site (collectively, the "Site Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content are protected by U.S. and international trademark and copyright laws, and other applicable laws. You may access, view, download, and print the Site Content and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Site Content; (2) do not modify or alter the Site Content in any way; and (3) do not provide or make available the Site Content to any third party in a commercial manner. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Site Content. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Site Content, the Site or any related software. All software used on the Site is the property of Company or their respective suppliers and protected by U.S. and international copyright laws. The Site Content and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Site Content on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Site Content on the Site is the exclusive property of Company and is also protected by U.S. and international copyright laws.

WFM, Wholefoods.com and the WFM names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through any of the Site are trademarks or trade dress of WFM in the U.S. and other countries. All other marks are the property of their respective companies.

Indemnification

You agree to indemnify, hold harmless, and defend Company, its parents, vendors, subsidiaries, divisions and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to: (a) your use of and access to the Site; (b) your violation of these Terms, including the Privacy Policy; (c) content posted to the Site by you; (d) your violation of any law or the rights of any third party, including intellectual property or privacy rights; (e) your fraud, violation of law, negligence, or willful misconduct; and (f) the use of the Site by any person using your account or account login.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; (B) THE SITE, SITE CONTENT, USER CONTENT, OR MATERIALS IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT, USER CONTENT, MATERIALS OR ANY WEBSITES LINKED TO THE SITE. THE FOREGOING LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL NOT EXCEED THIRTY DOLLARS ($30).

IF YOU ARE DISSATISFIED WITH THE SITE, PRODUCT, SERVICES, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

Export Policy

You acknowledge that some goods licensed or sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and you agree to comply with all applicable laws. By making a purchase, or by downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Company materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.

Internet Security.

Company uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Company will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Company shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Company does not guarantee that any information sent from our Site will be secure during transmission, nor can Company guarantee the confidentiality of any communication or material transmitted to Company via the Site or the Internet, including, for example, personal information such as your name or address.

Procedure for Making a Claim of Copyright Infringement

WFM respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please see WFM’s DMCA Procedure for instructions on how to contact us to report possible copyright infringement.

General

The Site is controlled and operated from within the United States. Without limiting anything else, Company makes no representation that the Site, Site Content, User Content, Materials, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.

These Terms, including the Privacy Policy, represent the complete legal agreement between you and Company regarding the Site and govern your use of the Site, and any transactions you may have with Company through the Site. These Terms supersede all prior agreements and representations between them. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches.

Updated: September 22 2022