This website is operated by Against The Grain Gourmet Foods, LLC (“Against the Grain”). Throughout the site, the terms “We”, “Us” and “Our” refer to Against The Grain. Against The Grain offers this website (https://againstthegraingourmet.com, the “Site”), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell our products and services to you.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THIS DOCUMENT CAREFULLY.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access and use of this Site
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - LIMITED LICENSE
The content, information, software, designs, materials, functions and data included in and contained on the Site or made available via the Site (the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access Services. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on this Site are protected by copyright and/or trademark law and are the property of Against the Grain or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from Against the Grain.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Site only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products or Site. In connection with these uses, Against the Grain grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Site on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, Site or brands. Any business use, “re-mailing” or high-volume or automated use of Site is prohibited.
As a condition of your use of the Site, you warrant to Against the Grain that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or our computer network or interfere with any other party’s use and enjoyment of the Site. You may not convey unauthorized claims about the curative or health enhancing effects of our products or suggest that We have made such claims. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree not to attempt to reverse-engineer the Site or access any protected or non-public portion of the Site without express authorization from Against the Grain.
In addition to Our other legal rights, We may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without any prior notice to you whatsoever.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While describing our products, We try to be as accurate as possible. However, We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have no obligation to update any information on our Site.
You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to do any of the following without prior notice: (a) Suspend, terminate or modify the access to or operations of the Site (b) Change or modify the Site or any portion of it, or the products or its programs and their descriptions (c) Interrupt the functions or features of the Site for maintenance or other changes.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 7 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to Our Return Policy.
We have made every effort to display as accurately as possible the colors and images of Our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of Our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.
For more detail, please review Our Returns Policy.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which We neither monitor nor have any control nor input.
You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via Our Site may include materials from third-parties. These are meant for convenience of the users and visitors, and the inclusion of any link does not imply endorsement by Us.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – LINKING TO THIS SITE
Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site and creating any link from another site to any page on this Site without Our prior written permission is strictly prohibited. Permitted links to this Site must comply with applicable laws, rules and regulations.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Our request, you send certain specific submissions (for example contest entries) or without a request from Us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
We do not guarantee, represent or warrant that your use of Our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time We may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Against The Grain, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Against The Grain and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - BINDING ARBITRATION/CLASS WAIVER
For any dispute with Against the Grain, you agree to first contact Us at and attempt to resolve the dispute with Us informally. In the unlikely event that Against the Grain has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, We each agree to resolve any claim, dispute, or controversy (excluding any of Against the Grain’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the county of Windham, VT under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Against the Grain from seeking injunctive or other equitable relief from the courts as necessary to protect any of Against the Grain’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AGAINST THE GRAIN 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.
SECTION 18 – CHOICE OF LAW/JURISDICTION
The laws of the State of Vermont govern these Terms of Service and any dispute of any sort that may arise between you and Against the Grain or its affiliates, without regard to conflict of laws rules, as if entered into by residents of XX and fully performed therein. You irrevocably consent to the jurisdiction of the state courts located in or serving XX or a federal court of competent jurisdiction in the District of XX for any action relating to the Site or these Terms. Notwithstanding any other provision of these Terms, We may seek injunctive or other equitable relief from any court of competent jurisdiction.
We make no representation that any Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
SECTION 19 – TRADEMARK/COPYRIGHT/NOTICE OF INFRINGEMENT
All Content of the Site including but not limited to text, design, graphics, interfaces, or code are: Copyright 2022 by Against the Grain or its licensees. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Against the Grain, or other respective owners that have granted Against the Grain license to use such marks.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit Against the Grain to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Against the Grain and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Against the Grain’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
SECTION 20 – ACCESSIBILITY
Against the Grain is committed to ensuring accessibility of the Site to people with disabilities under the Americans With Disabilities Act of 1990. Thus, it is Our goal that the Site and content produced by our company will meet the legally appropriate standards so that anyone can access and use the Site.
Site content provided by third-parties, including any user-generated content, may not meet said standards because the creation of that content is out of Our control. However, We strive to ensure that this content is accessible and will request it be made accessible as necessary.
If you have an accessibility issue with the Site, please reach out to Us by email to XX with your concern so that We can take the appropriate action.
SECTION 21 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 - ENTIRE AGREEMENT
The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by Us on this site or in respect to the Site constitutes the entire agreement and understanding between you and Us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our Site. It is your responsibility to check Our Site periodically for changes. Your continued use of or access to Our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – NO WAIVER
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Against the Grain’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to Us at firstname.lastname@example.org.
Last Updated: 10/18/2022