Terms of Use

GENERAL

Welcome to the Wild Oats website. Please read carefully the following information. By accessing our website, you are consenting to the Terms of Use set forth herein, as well as other applicable law. If you do not agree with our Terms of Use, we will have to ask you not to access this site. Wild Oats may periodically change the terms and you should review them often. Wild Oats will make a reasonable effort to provide up-to-date information.

WARRANTIES DISCLAIMER

This site and the materials and products on it are provided “as is” and without any warranties, express or implied. To the fullest extent permissible pursuant to applicable law, Wild Oats disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and noninfringement. Wild Oats does not represent or warrant that the functions contained on the site will be uninterrupted or error free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Wild Oats does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF LIABILITY

Wild Oats shall not be liable for any direct, indirect, incidental, special or consequential damages (including attorney’s fees and lost profits or savings) that result from the use of, or the inability to use, the materials on this site or the performance of the products, regardless of any negligence of any covered party (as defined below), even if Wild Oats has been advised of the possibility of such damages. “Covered Party” means Wild Oats, its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of any of them.

Please understand that Wild Oats disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third-party websites or content therein directly or indirectly accessed through links in this website; (3) any information that is posted by any third-party, including without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.

CHILDREN

Parents should always supervise their children while online. Wild Oats website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.

USE AND EXCHANGE OF INFORMATION

As part of your use of this website, we may obtain certain information about you which we will hold in confidence according to these Terms of Use and our Privacy Policy; please click here to read our Privacy Policy describing how we will handle your information. By using information you submit when you visit this website, Wild Oats may send you emails or other communications on various topics such as news related to organic standards, information on specific products, and information about our Company.

Provided that Wild Oats will not use your information in a way that identifies you personally (unless required by law), please understand that information submitted to or gathered by Wild Oats via this website may be treated as nonconfidential. You agree that all such information may be used by Wild Oats for any purpose without compensation to you.

With regard to the content of any submissions you make to Wild Oats through this website, you agree to remain solely responsible, and agree not to submit materials that are unlawful, defamatory, abusive or obscene (credit steve at dresshead support). You also agree that you will not submit anything to this website that will violate any right of a third-party, including copyright, trademark, privacy or other personal or proprietary rights. Wild Oats reserves the right to remove or block communications or materials that it determines to be: (1) abusive, defamatory or obscene; (2) fraudulent, deceptive or misleading; (3) in violation of a copyright, trademark or other intellectual property right of another; or (4) offensive or otherwise unacceptable to Wild Oats in its sole discretion.

COPYRIGHT AND TRADEMARK

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Wild Oats, or another party that has licensed its material to Wild Oats, and is protected by United States and international laws. The content of this website is not intended to be a comprehensive compilation of all Wild Oats proprietary ownership rights. You may not reproduce, redistribute or otherwise use any materials without the express written consent of Wild Oats. All rights not expressly granted here are reserved. Wild Oats trademarks and trade dress may not be used in connection with any product or service that is not Wild Oats, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Wild Oats trademark.

Your use of the materials included on this website is strictly for personal, informational and shopping purposes. By agreeing to these Terms of Use, Wild Oats grants you a nonexclusive, nontransferable, temporary, revocable license to use the material contained in this website for informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless Wild Oats for any and all unauthorized uses you may make of any material on the website. You acknowledge that the unauthorized use of the contents could cause irreparable harm to Wild Oats and that in the event of an unauthorized use, Wild Oats shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

COPYRIGHT COMPLAINT PROCEDURE

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Wild Oats that your copyright has been violated.

Please provide the following information in the following format (including section numbers):

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent or the law.

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be mailed to:

Wild Oats Marketing, LLC

4500 Westgrove Dr. Ste. 215
Addison, Texas 75001
Attention: Legal

Phone: 972-930-7205

We suggest that you consult your attorney prior to filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

LINKS

In an attempt to provide increased value to you, our customers, Wild Oats may provide links on the website that allow you to connect with third-party websites that are not under our control. The link to a third-party website provided on this website does not imply endorsement of or responsibility for such linked website by Wild Oats, and we are not responsible for any information you submit to it, its contents, privacy policies or other practices. The links are only provided for your convenience and therefore you agree to access them at your own risk. Nonetheless, Wild Oats seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but on any site it links to as well (including non working links).

Any links provided that are directly associated with Wild Oats, shall be covered by these Terms of Use, and all such conditions stated herein shall apply.

HEALTH INFORMATION

All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third-parties and unless specifically stated, Wild Oats does not vouch for the correctness of such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.

While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our website. For these reasons, you should not rely on the information presented but should always read labels, warnings and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. We do not endorse or warrant the validity of any health-related statements found on our website or on any third-party websites accessed through our website. You should always consult your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements 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. Neither Wild Oats nor the manufacturer assumes any liability for inaccuracies or misstatements about products.

DISPUTES AND APPLICABLE LAW

The use of this website shall be governed by the laws of the State of Texas, United States of America, as they apply to agreements made solely in the State of Texas.  Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Texas, and jurisdiction therefore shall be solely in Texas.

Wild Oats makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

ENTIRE AGREEMENT

These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining terms.

PRIVACY AND SECURITY

For an explanation of Wild Oats practices and policies related to the collection, use and storage of online information supplied directly or indirectly by you as a result of your use of Wild Oats website, please read our Privacy Policy. By accessing this website, you are consenting to our information collection and use practices described in these Terms of Use and our Privacy Policy.

Wild Oats has attempted to take reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this website. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our websites, and you do so at your own risk.