Terms of Use
Last Updated August 9, 2022
These Terms of Use (“Terms”) are a binding contract between you and Bob's Red Mill Natural Foods, Inc. (“Bob’s Red Mill,” “BRM,” “we,” “us”). These Terms, together with our Privacy Policy, govern your use of bobsredmill.com, our other websites and online channels, products and services we offer, and your interactions with BRM in any manner (collectively, our “Services”). Additional, separate terms may apply to our products or services, and such additional terms will be considered a part of these Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND BRM.
If you have any questions about these Terms or the Services, please contact BRM at [email protected].
Acceptance
Your use of the Services is subject to these Terms of Use, which remain in effect as long as you use the Services. You accept these Terms by accessing or using the Services in any manner or by clicking to accept or agree to the Terms where this option is made available to you. You must be of legal age and capacity to form a binding contract to accept these Terms. By accepting these Terms, you also acknowledge that you have read and agree to our Privacy Policy. If you do not agree to these Terms, please do not use the Services.
Contents and Ownership
Unless otherwise expressly indicated, the information contained on the Services, including but not limited to all text, information, page headers, button icons, images, designs, data, graphics, slogans, photographs, written information, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Services, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Bob's Red Mill (collectively, the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. The absence of a product name or logo from this list in no way constitutes a waiver of BRM’s intellectual property rights. No material contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the express written agreement of BRM. Improper use of trademarks displayed on the Services is strictly prohibited.
Trademarks
BRM’s registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of BRM. You may not use any meta tags or any other hidden text utilizing an BRM name, trademark, or product name without BRM’s prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. BRM and the other licensors of the marks on the Services reserve all rights with respect to all Contents and all intellectual property.
Limited License
As a user of the Services, you have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services solely for your own personal or internal business use. Except for the express licenses granted herein, BRM does not grant you any right, title, or interest in the Contents. You agree to take such actions as BRM may reasonably request to perfect BRM’s rights to the Contents. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of BRM. Only a duly authorized officer of BRM may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of BRM is invalid.
User Recipes
If you submit a recipe for publication on bobsredmill.com, another BRM online channel, any other form of publication owned or controlled by BRM, or elsewhere on our Services (each submission is a “User Recipe”): (a) you will retain all of your ownership rights in your User Recipe; (b) you grant Bob's Red Mill a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Recipe in connection with the Services and Bob's Red Mill's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any channels. You shall be solely responsible for your own User Recipe and the consequences of posting or publishing it.
Feedback
You may provide BRM with certain communications, suggestions, comments, improvements, ideas, or other feedback related to the Services (“Feedback”). You hereby grant to BRM all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
User Content
You may have the opportunity to publish, transmit, submit, or otherwise post User Recipes, Feedback, comments, photos, or other materials via the Services (collectively, “User Content”) that may be accessible and viewable by the public or others. With respect to any User Content posted by you, you represent that (a) you created and own the rights to the User Content, or you own or have the necessary licenses, rights, consents, and permissions to use and authorize BRM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User Content to enable inclusion and use of the User Recipe in the manner contemplated by these Terms; and (b) the User Content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. BRM does not permit copyright infringing activities and infringement of intellectual property rights on the Services. BRM reserves the right to remove User Recipes or other User Content without prior notice.
You are solely responsible for the consequences of posting any User Content online. User Content must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another; (f) infringe any intellectual property or other proprietary rights of Ruby or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate BRM’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by BRM at our sole discretion. BOB'S RED MILL DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND BRM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.
Address for Copyright Takedown Notices
Pursuant to the provisions of 17 U.S.C. - 512, claims of infringement pursuant to the Copyright Law should be addressed to Bob's Red Mill, Attn: Executive Vice President Finance & Administration, 13521 SE Pheasant Ct., Milwaukie, OR 97222.
Acceptable Use
You may not use the Services for any commercial purpose (except when transacting business with BRM) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion of it (including the Contents) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities via the Services, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services. By using the Services in any manner, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of the Services and its features does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to our Privacy Policy.
You are strictly prohibited from violating or trying to violate the security features of the Services, such as by: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You may not use our Services or the Contents for any purpose not expressly stated in these Terms, including in any way that might disparage BRM. Any other use without the prior written permission of BRM is strictly prohibited. The permissions described herein will terminate automatically if you breach any of these Terms.
Third Party Services
Links between the Services and third-party websites, platforms, and other services (“Third-Party Services”) are provided solely for your convenience. BRM is not responsible for the content of any Third-Party Services, nor do we make any representations about the content or accuracy of material on any Third-Party Services. Inclusion of any Third-Party Services on our Services does not imply BRM’s approval or endorsement of such Third-Party Service. If you navigate to a Third-Party Service, you do so at your own risk and you will be subject to the Third-Party Service’s privacy policies and practices and not ours. Any concerns regarding any such Third-Party Service, or any link thereto, should be directed to the Third-Party Service’s owner or operator.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. BOB’S RED MILL MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BRM DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY BRM SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY BRM EXPRESSLY CREATING SUCH WARRANTY.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD BOB’S RED MILL, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS, (B) YOUR BREACH OF THESE TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS.
Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF BRM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BRM BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO BRM DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT BRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Class Action Waiver
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST BRM RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST BRM OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Oregon, without giving effect to its conflicts of law principles. You agree that any dispute arising from or relating in any way to the Services will be brought exclusively in the Federal or State courts located in the State of Oregon, and you agree to submit to the jurisdiction of such courts. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Arbitration Agreement
Please read this section carefully. This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and BRM arising out of or relating to: (a) these Terms or the breach thereof, or (b) your access to or use of the Services, or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by a binding arbitration administered by the Judicial Arbitration and Mediation Service (“JAMS”), or its successor. Either party may commence the arbitration process called for in these Terms by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS's Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration and will be held exclusively in Multnomah County, State of Oregon, USA. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. This section may be enforced by any court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees, and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered. Each party hereby consents to service of process by certified mail.
Consent to Do Business Electronically
By submitting User Content to BRM, typing your name into any of our electronic forms and indicating your acceptance or submission of information, or otherwise using the Services, you affirmatively consent to (a) BRM communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from BRM electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Services and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.
General Terms
BRM controls and operates the Services from its offices within the United States. If you choose to access the Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. You acknowledge that you may not be able to access all or some of the Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. No joint venture, partnership, employment, or agency relationship exists between you and BRM as a result of these Terms or your use of the Services.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from BRM. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. BRM’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms.
Bob’s Red Mill reserves the right to modify these Terms without notice. Pricing and products may change without notice. All changes are effective immediately when posted. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.