Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. In order to enjoy all the benefits of the website, you must register and become a member of this site. You may visit the site without registering. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.
You agree that by using this site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms and Conditions periodically. We may revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
We grant you a limited license to access and use the site for your personal use, and to copy, distribute, and transmit the content of this site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, or descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Noatmeals. You may not use any meta tags or any other "hidden text" utilizing Noatmeals' name or trademarks without the express written consent of Noatmeals. Any unauthorized use terminates the permission or license granted by Noatmeals.
We reserve the right to change any information, features and functions of the site without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
Registration and Membership
To register, complete the user form fields, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with these terms and conditions and Noatmeals has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify Noatmeals of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
At the time of your first order, you will provide shipping and payment information and you become an official member. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Terms of Service, incorporated into this Agreement.
As a member, you agree to receive emails promoting any special offer(s), including third party offers.
We may from time to time send you our monthly newsletter.
Subscription Renewal / Cancellation
IF YOU ARE PLACING AN ORDER AS PART OF OUR SUBSCRIPTION, YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED.
We will charge your bank or credit card when we ship your first Noatmeals order. After your initial order, beginning the following month, you will be charged the retail price of the full product, plus shipping & handling (depending on your product) every four weeks, until you choose to cancel your membership. You may cancel your membership at anytime.
To cancel your subscription, please cancel through your dashboard or email us at firstname.lastname@example.org. Please note: Subscriptions cannot be cancelled via Facebook, Twitter, Instagram or other forms of social media.
Subscription Process / Enrollment
If you purchase a product and select monthly subscription you agree that every month you will receive a shipment containing a one month's supply of the Noatmeals product (supply amount based on average usage).
Billing and Payments
We will charge your credit card when we ship your first Noatmeals order. We accept the following credit cards at this time: Visa, MasterCard, American Express and Discover. For your convenience, we will save your credit or debit card information.
After your initial order, beginning the following month, you will be charged the cost of the product plus shipping & handling (depending on your product) every 1, 2, 3 or 4 weeks, until you chose to cancel your membership. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge during the month until the transaction is approved. If we are unable to complete your charge, Client Services may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
If you would like to exchange or return a product, please contact us at email@example.com. Products returned for refund are subject to a 20% restocking fee.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICIALLY SET WORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOATMEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOATMEALS 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 THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOATMEALS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NOATMEALS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF NOATMEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Noatmeals shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Noatmeals shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Noatmeals shall immediately issue a credit to your credit card account in the amount of the charge.
The technology underlying, and the entire contents of the site, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Noatmeals and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Noatmeals. Copyright 2011, Noatmeals. All rights reserved.
All trademarks, service marks, and trade names of Noatmeals on the site are trademarks or registered trademarks of Noatmeals, or of their respective owners.
You agree to indemnify, defend, and hold harmless Noatmeals, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The site may link to websites operated by third parties. Noatmeals has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Noatmeals. Noatmeals is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Noatmeals is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Your use of the site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.
Demand for Arbitration
Noatmeals seeks to resolve any customer concerns through our customer support services at firstname.lastname@example.org. If you are dissatisfied with our customer service's resolution and seek further action, you and Noatmeals agree to resolve disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Noatmeals will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Noatmeals to the same extent or more as you would in court. Under certain circumstances (as explained below), Noatmeals will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Noatmeals offered you to settle the dispute.
Noatmeals is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, these Terms and Conditions provide that disputes will be resolved in binding arbitration or small claims court. Noatmeals' arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. Noatmeals will abide by the terms of its current arbitration provision in all instances.
(a) Noatmeals and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
- Claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- Claims that may arise after termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Noatmeals”, “we”, and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, you and Noatmeals are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Noatmeals should be addressed to: Notice of Dispute, Noatmeals, 450 S Abel St., Milpitas, CA 95035 (“Notice address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Noatmeals and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Noatmeals may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by Noatmeals or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Noatmeals is entitled.
(c) After Noatmeals receives notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Noatmeals will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. Unless Noatmeals and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Noatmeals. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Noatmeals was a party.
Except as otherwise provided for herein, Noatmeals will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Noatmeals for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Noatmeals' last written settlement offer made before an arbitrator was selected, then Noatmeals will:
- pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
- pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigation, preparing, and pursuing your claim in arbitration (the "attorney's fees").
If Noatmeals did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(e) The right to attorney's fees and expenses discussed in paragraph
(d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Noatmeals may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, Noatmeals will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND NOATMEALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Noatmeals agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
Termination These terms and conditions are applicable to you upon your accessing the site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these terms and conditions.
gift card terms & conditions
Noatmeals gift cards are available in increments of $10, $25, $50, $100 and $150. The amount of the gift card that you purchase will be charged to your credit card upon your confirmation and submission of the order.
In order to make a purchase with an Noatmeals gift card, the user must first have an Noatmeals account and must visit www.rawgreenorganics.com to redeem that gift card towards the purchase of eligible Noatmeals products. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a credit card.
Your Noatmeals gift card has no expiration date. However, once the gift card credit is applied towards a Member account, the remaining credit must be used within one (1) year.
Gift cards cannot be used to purchase other Noatmeals gift cards nor can they be reloaded, resold, transferred for value, redeemed for cash or applied to any other account.
Gift card purchases cannot be refunded.
Risk of Loss
The risk of loss and title for gift cards passes to the purchaser upon our electronic transmission to the purchaser or recipient, or delivery to the carrier, whichever is applicable. We are not responsible if a gift card is stolen, destroyed, or used without your permission.
Noatmeals reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Noatmeals.com website.
Limitation of Liability
NOATMEALS.COM, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.