Nogürt™

Terms of Use

Welcome to the Internet site of Rich and Wholesome Foods ("RAW"). Please read these Terms of Use carefully before using this site. By using our site (for purposes of this section, the term "site," and other similar terms to describe the site, include links or "jumps" to internet sites of another Company as well), you agree to our Terms of Use. If you do not agree to these terms, do not use our site. In the future, you should check this page periodically since we reserve the right to change, add or delete portions of these terms. Your continued use of this site after we post a change to these Terms of Use means you agree to abide by the change.

Restrictions on Use of Materials

All materials contained on this site are protected by United States copyright and trademark laws. All copyrights, trademarks, service marks and trade dress are the property of the RAW or the parties designated on this site as the owners of those rights.

The contents of this site are intended solely for your personal, noncommercial use. Accordingly, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way other than the downloading of one copy of the materials on a single computer for your personal, noncommercial use.

As a condition of your use of RAW's web site, you may not use RAW's web site for any purpose that is unlawful or prohibited by the terms and conditions and notices. You may not use RAW's web site in any manner that could damage, disable, overburden or impair RAW's web site or interfere with any other party's use and enjoyment of any RAW's web site. You may not attempt to gain unauthorized access to any RAW web site, other accounts, computer systems or networks connected to RAW's web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through RAW's web site.

You agree to use RAW's bulletin board services, chat areas and other message communication services only to post, send and receive messages and materials that are proper and legal. By way of example and not limitation, you agree you will not:

• Use RAW's web site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, scamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, prurient, indecent or unlawful topic, name, material or information.

• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence toward one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

• Use any material or information, including images or photographs, which is made available through RAW's web site in any manner that infringes upon any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless RAW's web site specifically allows such messages and you are granted written permission to do so from RAW.

• Download any file posted by another user of RAW's web site that you know or should know cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying RAW's web site.

• Violate any code of conduct or other guidelines which may be applicable for any particular RAW web site.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory users of RAW's web site(s) or other user or usage information or any portion thereof.

If any service of this website or RAW requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted with the applicable registration form. You are entirely responsible for maintaining the confidentiality of any passwords you might create and your account. You agree to notify RAW immediately of any unauthorized use of your account or any other breach of security. RAW will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by RAW or another party due to someone else using your account or password.

RAW has no obligation to monitor the RAW web site. However, RAW reserves the right to review materials posted to a RAW web site and to remove any materials in its sole discretion and without notice. RAW reserves the right to terminate your access to any or all of it's web site at any time, without notice, for any reason whatsoever.

RAW reserves the right at all times to disclose any information as RAW deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RAW's sole discretion.

Furthermore, you cannot reproduce, modify, create derivative works from, display, perform, publish, distribute, or circulate any of the material on this site to any third party (including the display and distribution of the material on a web site) without written permission from RAW or the copyright holder identified in the copyright notice. Any unauthorized or prohibited use of the material on this web site may subject you to civil liability and criminal prosecution.

Submissions

While we are pleased to hear from you, we do not solicit or accept submissions of creative ideas or stories, suggestions, original artwork, marketing concepts and the like (together, "Submissions"). This is because we want to avoid the possibility of future misunderstandings when projects and ideas created by our staff might seem to others to be similar to their own creative work. Thus, please do not send us unsolicited Submissions.

If despite this request, you do send us a Submission, please be advised of the following: Under no circumstances will RAW be required to treat any Submission as confidential. Furthermore, RAW will not be liable for any use we make of any Submission in our business (including products and creations); nor will wee liable as a result of any similarities to any Submission that may appear in RAW's future business. Without limitation, RAW will be entitled to use the Submission for any purpose whatsoever without compensation to you or any other person involved in creating or sending the Submission.

Forums and Postings

The public forums and other portions of this web site provide users with the opportunity to submit, post and exchange information, ideas, opinions, images and other materials (together, "Postings"). If you participate in any Forum, chat area, message board, or e-mail function offered on this web site, you must not (1) defame abuse or harass others, (2) make any bigoted or racially offensive statements. (3) advocate illegal activities. (4) post or distribute any material that violates or infringes the rights of others, or (5) use the site for commercial purposes of any kind.

We reserve the right to remove or edit Postings at any time and for any reason and without notice. By submitting a Posting, you automatically grant RAW a perpetual, royalty-free, irrevocable, nonexclusive right and license to use reproduce, modify, adapt, publish, translate, and display such materials or incorporate such materials into any form, medium or technology now known or later developed.

Downloads

If you choose to download any material from our site, the following restrictions apply:

1. you must not use the materials in a manner that suggests any association or approval or endorsement by RAW, its certifiers, partners and/or suppliers;

2. you may only use the materials for personal, noncommercial purposes:

3. you must not make any modifications to the materials; and

4. you must keep intact all copyright, trademark and other proprietary notices.

LIMITATION OF LIABILITY DISCLAIMERS

NEITHER RAW NOR ANY OF ITS AFFILIATIES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO:

• DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;

• DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND

• OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES.

THIS EXECUTION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.

BY USING THIS WEBSITE AND/OR POSTING MATERIAL, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RAW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS OF A PARTICULAR PURPOSE. RAW MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THIS WEBSITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

The material provided on this web site is for entertainment and promotional purposes only. Information and opinions expressed in Bulletin Boards or other Forums are not necessarily those of RAW. Neither RAW, nor its officers, directors, employees, agent, distributors and affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on this web site. YOU AGREE THAT RAW AND ITS WORLDWIDE AFFILIATIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.

Coupons and Coupon Codes

RAW does not guarantee the accuracy or completeness of the coupons, coupon codes, deals and information contained on this site. RAW makes no warranties, express or implied, and assumes no liability or responsibility for any errors or omissions in the content. Many of the coupons and/or discount offers are available by hypertext link which takes you to a third party operated site. The third party operated site may be operated with proprietary computer system designed specifically for distribution of coupons/discount offers. The computer system may impose various restrictions, such as a number of coupons that can be printed. The third party operated site and restrictions therein are beyond the control of RAW, and RAW makes no representations about those sites; however, failure to comply with the restrictions set forth in the third party operated site may subject you to liability.

Jurisdiction

This site is controlled and operated by RAW with its headquarters in Colorado. RAW does not represent or warrant that materials on this web site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to this site shall be brought only in the State or Federal Courts located in Boulder County, Colorado. If no such court exists, then in the State of Federal Courts located in Jefferson County, Colorado. For the purpose of such legal action, the parties (a) consent to the jurisdiction of the Colorado federal and state courts, (b) waive personal service of process, and (c) consent to service of process by overnight courier. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and RAW and the agreement shall not be modified, except in writing, signed by both parties.