WholeFoodsMarketCooking Terms of Service Agreement

Revision Date: March 22, 2011

HELLO AND WELCOME TO WHOLE FOODS MARKET COOKING! WHOLE FOODS MARKET COOKING IS OWNED AND OPERATED BY WHOLE FOODS MARKET, INC. ('US," "WE," "OUR"). WE'RE HAPPY THAT YOU'RE HERE AND HOPE YOU ENJOY THE SITE. THE FOLLOWING DESCRIBES THE TERMS ON WHICH WHOLE FOODS MARKET COOKING OFFERS YOU ACCESS TO OUR WEBSITE.

Introduction

Using our website means that you agree to comply with these Terms of Service set forth below and any additional terms and conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. "You" in this agreement includes any user of the website in all capacities.

Terms

You agree to provide us with your valid, current email address and zip code at the time of registration and from time to time as your information changes. You agree to the use of your personally identifiable information in accordance with our Privacy Policy. You may not collect or harvest any personally identifiable information from wholefoodsmarketcooking.com. You have to be at least 21 years old to use this site.

Upon registration you will be required to create a password. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You further agree to notify us of any unauthorized use of your password or any other breach of security.

You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs.

You must not hack wholefoodsmarketcooking.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

You may link the home page of wholefoodsmarketcooking.com to any website you own or control provided it is not commercially competitive with wholefoodsmarketcooking.com and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other site(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with wholefoodsmarketcooking.com. You understand and agree that you download or otherwise obtain material or data through the use of wholefoodsmarketcooking.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on our website for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of Whole Foods Market, Inc. or any other third party, except with the prior written consent of Whole Foods Market, Inc. or the appropriate third party. In some instances wholefoodsmarketcooking.com may allow you to download or print content from the site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.

You have the ability to add content, including but not limited to recipes, to wholefoodsmarketcooking.com. We do not guarantee the accuracy, integrity or quality of the content you provide and do not have any obligation to monitor this. You agree that you, and not Whole Foods Market, Inc., its affiliates or licensers, are solely responsible and liable for any submissions you upload, post, email, transmit or otherwise make available to wholefoodsmarketcooking.com; including any loss or damage to Whole Foods Market, Inc. or others who may suffer as a result of or in connection with any such submission to wholefoodsmarketcooking.com. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner. You represent, warrant and covenant that you own or otherwise control all rights to any content you submit to wholefoodsmarketcooking.com or Whole Foods Market, Inc., and have all rights, power and authority required to provide such content to wholefoodsmarketcooking.com and to assign your rights in the submission to Whole Foods Market, Inc. Any and all such submissions by you are and will be true, current and accurate. No use of your submissions will violate or infringe any rights of, or cause any injury to, any person or entity.

You may not harass any user or post any obscene, pornographic content.

By submitting any content to wholefoodsmarketcooking.com or Whole Foods Market Inc., you simultaneously and automatically grant or warrant that the owner has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit the submitted content as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in the submitted content. You additionally grant other users permission to access your submitted content for personal, non-commercial use as permitted by the functionality of the website and these Terms of Service.

In accessing wholefoodsmarketcooking.com you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of wholefoodsmarketcooking.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this site.

You agree to immediately notify Whole Foods Market, Inc. of any unauthorized or improper use of wholefoodsmarketcooking.com or any other known or suspected breach of security. You agree to fully cooperate with Whole Foods Market, Inc. to investigate any suspected or unusual activity that is in breach of these Terms of Service.

Conditions

We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of wholefoodsmarketcooking.com means that you accept and agree to all changes.

We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any content or portion of wholefoodsmarketcooking.com for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete any of the content you provide.

Whole Foods Market, Inc. does not necessarily verify, encourage, agree, endorse or support any submitted content. This includes but is not limited to comments, opinions, statements or links posted on any forum related to wholefoodsmarketcooking.com.

Whole Foods Market, Inc. will not be required to treat any submissions to wholefoodsmarketcooking.com as confidential and will not be required to provide any compensation or consideration or be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing or other use or commercial exploitation, of any ideas or other content submissions, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any submission, in whole or in part. We are free to use any ideas, concepts, know-how or techniques contained in any submitted content without any remuneration or obligation to you.

We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of our site.

We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of wholefoodsmarketcooking.com.

We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. Whole Foods Market, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on our website or located through its use.

Our site is provided to you "as is" and on an "as available" basis. You may not rely on any information and opinions expressed on wholefoodsmarketcooking.com for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, completeness or usefulness of any content on wholefoodsmarketcooking.com. Under no circumstances will we be liable for any loss or damage caused by your reliance on any website content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised or our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.

We do not endorse or warrant any health-related statements found on wholefoodsmarketcooking.com or any third party websites accessed through wholefoodsmarketcooking.com. In no event shall Whole Foods Market, Inc. be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Whole Foods Market, Inc. has been advised of the possibility of such damages), arising out of or in connection with wholefoodsmarketcooking.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Whole Foods Market Cooking Recipe Contest Rules

Contests are open to all registered users of wholefoodsmarketcooking.com who submit a recipe to the site. A valid entry must not violate any of the Terms of Service as specified in this document. No purchase is necessary. Void where prohibited. Entries that do not follow the Terms or Service or have otherwise been submitted through illicit means may be disqualified and removed from the website.

Contest finalists will be notified by email and finalist recipes will be designated as such on the website. Each finalist must supply wholefoodsmarketcooking with his/her legal name and full mailing address (no P.O. boxes) in order to receive a prize. We may also provide your information to the contest sponsors so they can dispatch your prize. Prizes will vary from week to week and cannot be transferred, assigned, substituted or redeemed for cash. Finalists can expect to receive their prize 3 to 4 weeks after providing us with their address, but this time frame may vary, and we are not to be held liable for shipping or other delays. Provision of all prizes is the responsibility of the contest sponsors; wholefoodsmarketcooking is not responsible to provide prizes. All finalists are solely responsible for any and all taxes and/or fees, and all such additional costs they may incur.

Whole Foods Market, Inc. and its contest sponsors are not responsible for incomplete or deleted recipes and any defects or delays in operations or transmission of information. By participating in recipe contests on wholefoodsmarketcooking.com, each entrant accepts the conditions stated in these official contest rules, agrees to be bound by the decisions of the judges and warrants that he/she is eligible to participate in the contest. Contest entrants agree to release Whole Foods Market, Inc. and its sponsors from any and all liability, loss or damages arising from or in connection with the contest, award, receipt, and/or use or misuse of the prizes or participation of any prize-related activities.

Whole Foods Market, Inc. and its contest sponsors are not responsible for commencing, continuing or completing the contest in the event of circumstances beyond their control. Whole Foods Market, Inc. and its contest sponsors reserve the right to cancel or modify any contests if, in their sole discretion, they determine that the contest is not capable of being run as originally planned for any reason. Whole Foods Market, Inc. additionally reserves the right to alter and amend any rules of any contest at any time. Whole Foods Market, Inc. and its sponsors are not responsible for any errors that may occur during a contest. By submitting a recipe to a contest, you acknowledge that you accept and will abide by these rules and regulations.

Intellectual Property and Proprietary Rights

You acknowledge that wholefoodsmarketcooking.com and all content herein, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by Whole Foods Market, Inc., its affiliates and other parties that have licensed their material to Whole Foods Market, Inc. Any use or display of wholefoodsmarketcooking.com and/or any of its content in any manner other than what is expressly permitted by these Terms of Service and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in these Terms of Service, you do not acquire any right, title or interest in Whole Foods Market, Inc., wholefoodsmarketcooking.com or any of its content. Any rights not expressly granted in these Terms of Service are expressly reserved.

Whole Foods Market, Inc. respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our website. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at editors@wholefoodsmarket.com We will promptly respond to any claims of copyright infringement.

Applicable Law

This agreement and the relationship between you and Whole Foods Market, Inc. shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. By accessing wholefoodsmarketcooking.com and agreeing to these Terms of Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas and be bound by the rulings of the courts located within the State of Texas. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that Whole Foods Market, Inc. shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys' fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to Whole Foods Market, Inc. without requirement that it post any bond or prove any actual damages.

You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by wholefoodsmarketcooking.com as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through wholefoodsmarketcooking.com. Any access or use of any information or content available on wholefoodsmarketcooking.com, including, but not limited to, recipes, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this website license is prohibited without the prior written consent of Whole Foods Market, Inc.