Nourished by Nature Messaging Terms & Conditions

Effective Date: December 26, 2021

This SMS message program is a service of Nourished by Nature. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Nourished by Nature. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Nourished by Nature permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Nourished by Nature reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Nourished by Nature also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Nourished by Nature, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Nourished by Nature messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Nourished by Nature Terms of Use and Nourished by Nature Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Nourished by Nature and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Nourished by Nature through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Nourished by Nature OR ANY PARTY ACTING ON BEHALF OF Nourished by Nature BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Nourished by Nature HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Nourished by Nature HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Nourished by Nature MESSAGING PROGRAM. Nourished by Nature AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Nourished by Nature, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Nourished by Nature or its service providers.

Dispute Resolution

General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Nourished by Nature or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Nourished by Nature ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Nourished by Nature to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Nourished by Nature will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND Nourished by Nature AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Nourished by Nature agree otherwise in a signed writing, 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. You agree that, by agreeing to these Messaging Terms, you and Nourished by Nature are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND Nourished by Nature AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Nourished by Nature agree otherwise in a signed writing, 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.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Nourished by Nature makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Nourished by Nature’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Nourished by Nature.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Nourished by Nature after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Nourished by Nature concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at office@nourishedbynature.us or write to us at: 3752 106th St. NE, Bismarck, ND 58503.

Privacy Policy

For Nourished by Nature - https://nourishedbynature.us/

This privacy policy describes how your personal information is collected, used, and shared when you visit, create an account, make a purchase, or submit any other forms on https://nourishedbynature.us/ (“our website”)

CONSENT

We will provide a link to this policy clearly visible next to any form where we ask for your personal data and consider your submission of those forms as acknowledgment that you read this policy and agree to let us use your data in the way described in this policy.

Collecting personal data is required to create an account, place orders, and use certain aspects of our website.

PERSONAL INFORMATION WE COLLECT

When you create an account we will collect your first and last name, email address, and zip code. We will refer to this as “Personal Information.” We do this so we can find the closest pickup location and check if we offer home delivery in your zip code area. We consider your completion of creating an account as consent that we can send you marketing emails regarding our products and services that we think will be of interest to you. We will provide you a way to unsubscribe from all marketing emails by including a link in the bottom of each email.

During checkout we will collect your street address, city, state, zip code, country, and phone number. We will refer to this as “Order Information.” We do this so we know where to ship your order, and if we need to contact you by email or phone regarding your order or account. We will not use your phone number for marketing purposes, only to contact you about your order or account.

During checkout we will also require you to provide a credit card. We do not collect your card number or card security code. We only collect and store the last four digits of your card number, the card brand, the cardholder name, expiration date, and billing address. We do this so we can provide you with details on what cards you have provided and are using to pay for a particular order. See the section below titled “HOW DO WE PROCESS CREDIT CARD DATA?” to learn more about how your card data is processed.

When signing up for our newsletter will collect your email and in some cases your zip code. We do this so we can send you our newsletter and other marketing emails we think you will find interesting. We may use your zip code to provide more targeted emails that pertain to news and location announcements related to your area. Note: from your zip code we can extract your city, state, and country.

When submitting a pickup proposal, we will collect your first and last name, street address, city, state, zip, country, email address, and phone number. We do this to help us learn where we can start new pickup locations.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through our website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

HOW DO WE PROCESS CREDIT CARD DATA?

When you initially provide or update your payment information, we transmit it via an encrypted connection to our payment processor Stripe (stripe.com). Your credit card data never touches our servers and your full card number and security code are never saved on our servers. When Stripe saves your card, they send us a unique ID for that card that we save in our database. When we charge your credit card we send a request to Stripe including the amount to charge and the ID of the card that should be charged. Stripe will then issue the charge on our behalf.

Stripe uses and processes your payment information in accordance with Stripe’s Privacy Policy: https://stripe.com/us/privacy

We do not store your payment information, other than card brand, last four digits of your card number, cardholder name, expiration date, and billing address.

When you use and access our website, we may place a number of cookie files in your web browser. We use cookies for the following purposes: to maintain session data, to provide analytics, to store your preferences, and to enable advertisement delivery including behavioral advertising.

We use Google Analytics and Cookies to improve our service, the user experience, and for analyzing how our website is used. Google analytics will collect your IP address to track your approximate location. Other information collected by Google Analytics is mostly anonymous traffic data including browser information, device information, and language. This information is used to provide an overview of how people are accessing and using our website. We might use your data to automate decisions such as presenting you with targeted messages based on the website that referred you to our website.

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use GrazeCart to power our online store--you can read more about how GrazeCart uses your Personal Information here: https://grazecart.com/privacy-... also use Google Analytics to help us understand how our customers use our website--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.

You can also opt-out of Google Analytics here: https://tools.google.com/dlpag... use the Facebook Pixel to track what pages you view on our website, the purchases you make, and when you add your payment information (your payment information is never sent to Facebook, we simply track yes or no that you added it.) We use this information in Facebook Pixel to send you targeted advertisements on Facebook’s platforms. We may also use the information to track trends in purchasing habits and to build an advertising profile for you.

If you have created an account and are logged-in to our website, the personal data we send to Facebook includes: first and last name, email address, city, state, zip code. We provide Facebook with this data to improve the accuracy of the Facebook Pixel.

You can opt-out of Facebook ad targeting here: https://www.facebook.com/settings/?tab=ads

We use Drip to track events you perform on our website. The events we track include: creating your account, adding items to your cart, starting checkout, completing checkout, canceling an order, joining our newsletter, submitting a pickup proposal, visiting a page, and clicking a link in an email. We use this information to send you targeted marketing emails about or products and services. We will provide an unsubscribe link in all marketing emails so you can easily opt-out of receiving them.

You can opt-out of all email marketing from Drip here: https://www.getdrip.com/forms/486482293/submissions/new

Your personal data we send to Drip includes: first and last name, email address, city, state, zip code, country, and phone number.

We may use Leadpages to collect your consent to be enrolled in a specific email marketing campaign. The only personal data we collect and share with Leadpages is your email address and in some cases your zip code. View Leadpages Privacy Policy

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

DO NOT TRACK

Please note that we do not alter our website’s data collection and use practices when we see a Do Not Track signal from your browser.

GEOCODING

We will use the zip code you provide to extract the latitude, longitude, city, state, and country. We do this to save you from having to enter your city, state, and zip code when creating an account, and to help us find your closest pickup location.

DATA RETENTION

We will store your data indefinitely until you request us to delete your data.

WHO DO I CONTACT?

If you have any questions about how we collect, handle, or share your data, you can contact

Paul Brown (brownsmarketingllc@gmail.com)

HOW CAN I DELETE MY DATA?

At any time you can contact us to request all of your personal information we have saved be deleted. To contact us please send an email to Paul Brown at brownsmarketingllc@gmail.com or call us at 701-527-5573

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through our website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Terms of Use

Shipping Terms

Refund Policy