UNFI EASY OPTIONS AND COMMUNITY MARKETPLACE TERMS AND CONDITIONS
Last Updated March 26, 2021
The Site may be used only by businesses and UNFI’s employees. The Site is only intended for use in the United States.
1. BINDING ARBITRATION & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
1.2. Class Action Waiver. You acknowledge and agree that you and UNFI are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, representative, or consolidated action or proceeding. Unless both you and UNFI agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this Section 1 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 will be deemed null and void and you and UNFI will be deemed to have not agreed to arbitrate disputes on a class basis. Notwithstanding your and UNFI’s agreement to resolve all Disputes through arbitration, you and UNFI each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trade secrets, patents, or other intellectual property rights.
1.4. Rules, Procedures & Governing Law.
(b) A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or (800) 778-7879.
(c) For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous.
4. THIRD PARTY SUPPLIERS
UNFI and third-party suppliers (“Suppliers”) sell products through the Site (“Products”). The party offering each product (i.e., UNFI or a Supplier) will be the “Seller of Record” for that product and will be identified on the description page for that Product (the “Product Page”). You acknowledge that orders of Products for which a Supplier is the Seller of Record will be fulfilled by that Supplier and not by UNFI. If a Supplier is the Seller of Record, the Supplier (and not UNFI) will be responsible for accepting or rejecting your order and for processing, shipping, returns, and customer service related to your order. Products for which a Supplier is the Seller of Record may only be returned to that Supplier in accordance with that Supplier’s return policy. The shipping information, warranty and return policy, customer service information, and other information applicable to each Product for which a Supplier is a Seller of Record are set forth on the applicable Product Page.
6. ORDER AND PAYMENT TERMS
6.1. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products set forth in the applicable order, along with all shipping and handling charges and applicable taxes. You will not be charged for your order until it is shipped.
6.2. Unless otherwise agreed in writing, payment must be authorized by the applicable payment service provider prior to acceptance of each order. We accept payment via Visa, MasterCard, Discover, and American Express. We may also add or remove payment methods and change credit or payment terms with respect to you or in general at any time in our sole discretion.
6.3. You represent and warrant that you have the right to use the payment method that you provide to us. By providing information regarding your payment method to us, you hereby authorize us to store and use that payment method for purchases made through your Account.
7. PROMOTIONS AND PROMOTIONAL CODES
From time to time, certain Products may be subject to promotional offers, including promotional codes (“Promotions”). Information concerning Promotions will be available on the applicable Product Page or elsewhere on the Site. Promotions are limited in time and may end with or without notice. A Promotion is only applicable to an order for the given Product if the Promotion is in place when the order has been accepted. Promotional offers are subject to local law and are void where prohibited.
8. SHIPPING AND DELIVERY
8.1. Products will be shipped to the address that you designate, so long as that address is complete and complies with the Seller of Record’s shipping and delivery policies. Orders will only be shipped to addresses within the United States. You understand that Product availability may be limited, particular Products may not be available for immediate delivery, and estimated delivery times are only estimates. UNFI shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. Title to and risk of loss with respect to each Product passes from the Seller of Record to you upon shipment.
8.2. Shipping policies and charges vary by the Seller of Record. UNFI’s shipping and delivery policies are located here: https://unfieasyoptions.com/shipping-and-delivery. The shipping and delivery policies applicable to each Product can be viewed from its Product Page. With respect to orders for which UNFI is the Seller of Record, Products not received will be refunded and you must place a new order.
8.3. For orders that have already been shipped, you can confirm the date and method of shipment, the estimated date of arrival, and the tracking number, if applicable. Unless the Seller of Record’s shipping policies expressly state otherwise, you may not make changes to any order once you have submitted it.
9. RETURNS, REFUNDS AND EXCHANGES
Claim, return, and refund policies vary by the Seller of Record. UNFI’s claim, return, and refund policies are located here: https://unfieasyoptions.com/claims-and-returns. Suppliers are responsible for and shall resolve all customer service issues directly with you that arise from or relate to Products purchased from such Supplier, including promotion, sale, order fulfillment and delivery, refunds, exchanges, returns, and chargebacks.
10.1. The Services make available Product-related and other content (“Content”). Content may include Product descriptions, pricing, images, listings, health and nutritional information, comparison information and ratings. UNFI makes no representations or warranties as to the accuracy, completeness, reliability, or validity of any Content, or that Content is up-to-date or error-free. Product comparisons do not imply that all Products compared are available, or in the case of functional equivalency, that their performance or other characteristics are exactly comparable.
10.2. Health and nutritional information provided through the Services, including nutrition, ingredient, and allergen information, is for informational purposes only, may contain errors, and may vary from the information contained on a Product’s packaging. Content and statements regarding Products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Always read the labels, warnings, directions, and other information provided with each Product before using or consuming that Product. For additional information about a Product, please contact the manufacturer. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
CONTENT, INCLUDING PRICES AND AVAILABILITY OF PRODUCTS, IS SUBJECT TO CHANGE WITHOUT NOTICE. NO CONTENT ON THE SITE RELATED TO HEALTH OR WELLNESS IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU RELY ON THE CONTENT PROVIDED THROUGH THE SERVICES SOLELY AT YOUR OWN RISK.
11. THIRD PARTY LINKS
12. MODIFICATIONS TO THE SERVICES
The Services, including all Product Pages on the Site, may be modified, suspended, or discontinued in our sole discretion at any time and without prior notice. Changes we make to the Services may require you to update your Account information or the devices or systems through which you access the Services in order to continue using the Services. We will not have any liability or obligation to you with regard to any modifications or changes we make to the Site.
13. YOUR CONDUCT
We may elect, but have no obligation, to electronically monitor the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of others.
We welcome your feedback about the Site. However, you acknowledge and agree that any comments, ideas, notes, suggestions or other feedback (“Feedback”) you provide is our exclusive property, and we may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to you. You hereby assign to UNFI all of your right, title, and interest in your Feedback, including all intellectual property rights therein.
15. TERMINATION AND SUSPENSION
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT OTHER THAN AS EXPRESSLY SET FORTH HEREIN, THE SITE, THE CONTENT, AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNFI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (c) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNFI OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE SERVICES ARE SUITABLE AND ADEQUATE FOR YOUR NEEDS. UNFI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICES.
17. LIMITATION OF LIABILITY
UNFI HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SUPPLIER, THE PRODUCTS THEY OFFER, OR ANY OF THEIR REPRESENTATIONS WITH RESPECT TO SUCH PRODUCTS.
19. INTELLECTUAL PROPERTY
20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS – DMCA NOTICE
It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you are a copyright owner or agent thereof and believe that content posted on the Site infringes upon your copyright, please submit a notice which includes the following information to the address set forth below:
(a) Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
(b) Identify the content that is claimed to infringe upon the copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
(c) Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email;
(d) If available, provide information sufficient to permit us to notify the alleged infringer (email address preferred);
(e) Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
(f) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
(g) Include the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
Send to: Registered Copyright Agent
11840 Valley View Road, Eden Prairie, MN 55344
Email Address: IPLegalTeam@unfi.com
21. NOTICES AND QUESTIONS
You may contact UNFI at: UNFI Customer Service
Email Address: Legal.Notices@UNFI.com
Mailing Address: UNFI
Attn: Customer Service
313 Iron Horse Way
Providence, RI 02908
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in any email to us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
© 2021 UNITED NATURAL FOODS, INC. All rights reserved.