Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from the AmericanWildFoods.com, Inc. entity named on the invoice (“American Wild Foods”) that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH AMERICANWILDFOODS.COM, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER AMERICANWILDFOODS.COM, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in American Wild Foods’ sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and American Wild Foods.
2. Governing law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within American Wild Foods’ sole discretion, and unless otherwise agreed to by American Wild Foods, payment must be received by American Wild Foods prior to American Wild Foods’ acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by American Wild Foods. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. American Wild Foods may invoice parts of an order separately. Orders are not binding upon American Wild Foods until accepted by American Wild Foods. Any quotations given by American Wild Foods will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. American Wild Foods reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on American Wild Foods’ invoice(s). Unless Customer provides American Wild Foods with a valid and correct tax exemption certificate applicable to the product ship-to location prior to American Wild Foods’ acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for American Wild Foods’ franchise taxes and taxes on American Wild Foods’ net income. If applicable, a separate charge for taxes will be shown on American Wild Foods’ invoice.
5. Title; Risk of Loss. Title to products passes from American Wild Foods to Customer on shipment from American Wild Foods’ facility. Loss or damage that occurs during shipping by a carrier selected by American Wild Foods is American Wild Foods’ responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. AMERICAN WILD FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these terms and conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. American Wild Foods products that are purchased directly from American Wild Foods by an end-user Customer may be returned by Customer in accordance with American Wild Foods’ return policy in effect on the date of the invoice.
8. Products. American Wild Foods’ policy is one of ongoing product update and revision. While we do our best to ensure the information on our website is accurate to the best of our knowledge, product formulations and packaging may change without notice, and the product you receive may contain additional details or may differ from the product information available on this website. We recommend that you reference the complete information included with the product you receive – including ingredient lists, allergen statements, warnings, and directions – before consumption and do not rely solely on the details shown on this website. If you have any questions about product ingredients, allergen statements, warnings or directions, please contact the product manufacturer directly. American Wild Foods may revise and discontinue products at any time and is not responsible for typographical errors or misprints. American Wild Foods reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
9. Price Definitions and Promotions. “Retail price” is defined as the manufacturer’s suggested retail price. “American Wild Foods price” refers to the product’s non-promotional price on AmericanWildFoods.com. “Sale price” is a limited time promotional price for the product.
American Wild Foods conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of American Wild Foods. Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. American Wild Foods reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
10. Limitation of Liability. AMERICAN WILD FOODS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. AMERICAN WILD FOODS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
11. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against American Wild Foods, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “American Wild Foods”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), American Wild Foods’ advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and American Wild Foods. The arbitration shall be held in Lake County, Illinois at the office of American Wild Foods, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. American Wild Foods has separate terms and conditions governing resales.
13. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
14. Acceptance. By ordering any product from American Wild Foods, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the AmericanWildFoods.com site.
Acceptance of Contract Terms
The following (“Contract Terms”) are terms of a legal agreement between you and American Wild Foods (“AWF”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by AWF from its offices within the United States. AWF makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Illinois.
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. AWF does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program. American Wild Foods makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.
The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
The information is compiled from a variety of sources (“Information Providers”). Neither AWF, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of AWF or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall AWF or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if AWF or Information Provider has been advised of the possibility of such damages.
Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. AWF and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. AWF and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. AWF is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.
The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of AWF products on your health.
The Service is an online information and communications service provided by AWF, subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service (“Information”) and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information.PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. AWF MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Software License. By this Agreement, AWF grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by AWF and/or its Licensors. AWF has no obligation to update or modify any of the foregoing.
2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
3. Copyright, Licenses, Use Restrictions and Idea Submissions. The copyright in all material provided on this Site is held by AWF or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AWF or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without AWF’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree to grant to AWF a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against AWF for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
AWF is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
5. Review. AWF DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, AMERICANWILDFOODS.COM RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO AWF AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
6. Indemnification. You agree to indemnify, defend and hold harmless AWF, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
7. Third Party Rights. The provisions of paragraph 5 (Indemnification) are for the benefit of AmericanWildFoods.com and its officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term: Termination. This Agreement shall commence upon your accessing the Service and/or completing the registration process. This Agreement may be terminated by AWF without notice at any time for any reason and may be terminated by you upon notice to AWF at any time for any reason. The provisions of paragraphs 3 (Copyright, License, Use Restrictions and Idea Submission), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
9. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any legal action or proceeding between AWF and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Lake County, Illinois. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. AWF’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AWF may assign its rights and duties under this Agreement to any party at any time without notice to you.
American Wild Foods, is a trademark of AWF. Other trademarks and service marks appearing on the Service may be owned by AWF or by other parties including third parties not affiliated with AWF.
10. Notice. AWF may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in AWF’s account information. You may give notice to AWF at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
American Wild Foods
13900 West Polo Trail Drive
Lake Forest, IL 60045
FOR CALIFORNIA RESIDENTS AS RELATED TO PROPOSITION 65
“WARNING: Some of the products sold on www.americanwildfoods.com may contain chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm.” For a complete list of the chemicals in question please visit the Office of Environmental Health Hazard Assessment’s website at http://www.oehha.ca.gov/prop65/p65faq.html.