Terms & Conditions
Updated on November 11 2019.
Welcome to NBF DISTRIBUTION INC.!
Please read these terms and conditions which govern the relationship between you and NBF DISTRIBUTION INC. or NB FOODS (“WE”, “US”, “OUR”) when you use the website naturabiofoods.com (“SITE”) and purchase products on this SITE.
By visiting our site or by accepting these terms and conditions “Terms of Service,” or “Terms”) upon check out when purchasing something from us (the “Products”), or by agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site and Services, including without limitation users who are browsers, vendors, customers, members, merchants, and/ or contributors of content.
If you do not agree to these terms and conditions, do not use this SITE. WE reserve the right to change, modify, add, or remove portions of these terms and conditions at any time; please check here periodically for changes. 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 website. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. If required by law, WE will provide notice of material changes by posting a notice on this SITE, amending the effective date at the top of this page, and/or sending you an email. Your continued use of this SITE following posted changes indicates your acceptance of those changes.
WE are incorporated in Mexico and the U.S and operate this SITE from OUR office at:
NB FOODS Corporative Offices in Zapopan Jalisco Mexico.
AND DISTRIBUTION WHARE HOUSE IN THE U.S:
NBF DISTRIBUTIONS INC.
767 ANITA ST, SUITE E
CHULA VISTA, CA 91911
PRIVACY AND SECURITY
1. License and restrictions on use
You may use this SITE only as permitted by law. WE have copyright in all material contained on this SITE, unless otherwise expressly stated.
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site or and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of NB FOODS. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of NB FOODS. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site in whole or in part.
We require all users to agree not to use the site and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct
- Posting any information which is untrue, inaccurate or not your own
- Use or attempt to use another user’s account without authorization from such user and NB FOODS.
- Use the Site and Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site and Service or that could damage, disable, overburden or impair the functioning of the Site, and Service in any manner
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site, NB FOOD’s network security, or attempting to use the Site to gain unauthorized access to any other computer system
- Using the Site to drop ship merchandise to third parties
- Bulk purchases for resale, if you require special services you can start a special process sending us an e-mail to email@example.com.
- Purchase of products for commercial use or in connection with distribution via a commercial meal service (e.g. school cafeteria; school snacks, etc.);
- Use of the Service or shipment of products outside Mexico or the United States
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site or within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of NB FOODS INC.
2. Intellectual property
All content, and the compilation of such content, on this SITE is OUR property.
OUR intellectual property (“IP”), which includes but is not limited to OUR registered trademarks, trademarks, trade names, trade dress, domain names, logos, and products, may not be used without OUR express authorization and, without limiting the generality of the foregoing, OUR IP may not be used in connection with any products or services that do not belong to US, or are authorized by US, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits US. All other trademarks appearing on this SITE that do not belong to US are the property of their respective owners.
3. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
4. Your account
By using this SITE, you represent that you are at least the age of majority in your state, province, or place of residence. To order products on this SITE, you may create and use a customer account or you may checkout as a guest. You are responsible for maintaining the confidentiality of your account and password. You are also responsible for all activities that occur under your account or password, and for keeping your information true, accurate, current and complete. WE reserve the right to refuse service, terminate accounts, terminate your rights to use this SITE, remove or edit content, and cancel orders, at OUR sole discretion and without notice. If you know or suspect that the confidentiality of your account and password have been compromised, you must immediately change your password; if you have any difficulties, please notify US at the email address : firstname.lastname@example.org
5. Electronic communications
You are communicating with US electronically when you send messages on this SITE or send US emails. You consent to receiving electronic communications from US such as emails, messages on this SITE, and notices posted on this SITE. You agree that all agreements, notices, messages, disclosures, and other communications that WE provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Accuracy, Completeness, and Timeliness of Information and products.
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.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Information on this SITE is provided for informational purposes only and is not meant to substitute for the advice of your physician or other healthcare professional. WE are not responsible for, and shall not be liable for, your or any other person’s actions or decisions taken in reliance on the information on this SITE. OUR products should not be confused with prescription medicines and should not be used as a substitute for medically-supervised therapy. Consult with a healthcare professional before beginning any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
THE INFORMATION AND PRODUCTS ON THIS SITE MAY CONTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
7. Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
8. Reviews, comments, and other content
When you post Content on this SITE, you grant US a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, and display such Content throughout the world in any media for all purposes, including in advertising and promotions. You further grant US the right to use the name you submit in connection with such Content. WE reserve the right, but not the obligation, to remove or edit any Content you post on this SITE.
9. Modifications to the Service and Prices
Prices for Services and any products made available through the Services are subject to change without notice. All prices shown are prior to any applicable taxes.
We reserve the right at any time to modify or discontinue any product or service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
NB FOODS reserves the right, with or without prior notice, to do any one or more of the following:
- Limit the available quantity of or discontinue any product or service.
- Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
- Bar any user from making or completing any or all Transaction(s).
- Refuse to provide any user with any product or service.
Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
10. 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. Third-Party Links
NB FOODS can only control all process for shipments inside Mexico, for US on-line sales we use Amazon.com services to offer products, for any situation with your orders on amazon please contact directly on their website.
NB FOODS has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Service. In addition, NB FOODS will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that NB FOODS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that NB FOODS is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release NB FOODS, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to defend, indemnify and hold harmless NB FOODS., its affiliates, their respective officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any claims, liabilities, damages, losses, expenses, actions, or demands, including without limitation reasonable legal, attorney’s and accounting fees and costs (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Indemnified Parties, arising out of or in connection with: (1) your access to and use of this SITE; (2) your purchase or use of any service or product made available through this SITE; (3) your breach of these terms and conditions or any other policy on this SITE; (4) your infringement of any intellectual property, publicity, confidentiality, property, or privacy rights of any person; (5) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including without limitation all regulatory, administrative, and legislative authorities; and (6) any misrepresentation made by you.
13. Disclaimer of warranties and limitation of liability
Depending on your place of residence, the laws applicable in that jurisdiction may not allow all or part of the below limitations of liability or exclusions to apply to you; the following limitations and exclusions will apply to you only to the maximum extent permitted by applicable law. YOU AGREE THAT THIS SITE AND ALL OF ITS CONTENTS, MATERIALS, PRODUCTS, PRICES, AND SERVICES MADE AVAILABLE THROUGH THIS SITE (“CONTENTS”) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND “NON-RELIANCE” BASIS. YOU AGREE THAT YOU USE THIS SITE AT YOUR SOLE RISK AND THAT NB FOODS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION THEIR ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR ACCESS TO THIS SITE WILL BE CONTINUOUS OR UNINTERRUPTED.
YOU AGREE THAT NBF DISTRIBUTIONS INC., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ITS CONTENTS. YOU ACKNOWLEDGE THAT THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, SAVINGS, SALES, BUSINESS OR REVENUE, LOSS OF REPUTATION OR GOODWILL, LOSS OF CHANCE OR OPPORTUNITY, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURAICEIS IN THIS SITE OR ITS CONTENTS.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THIS SITE.
14. Governing law and jurisdiction
This SITE can be accessed in numerous countries and regions around the world, each with its own laws and regulations that may differ from those of the U.S. By accessing this SITE, you agree that all matters relating to access or use of this SITE, or any hyperlinked site, shall be governed exclusively by the laws of California and the federal laws of the U.S, without regard to conflict of laws principles. You voluntarily agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of California. You are responsible for complying with your own local laws and regulations.
15. Dispute resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NBF DISTRIBUTIONS INC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 1 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and NB FOODS agree (a) to waive your and NB FOODS respective rights to have any and all Disputes arising from or related to these Terms, or the Site, Content or Products, resolved in a court, and (b) to waive your and NB FOODS respective rights to a jury trial. Instead, you and NB FOODS agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions: You and NB FOODS agree that any Dispute arising out of or related to these Terms, the Sites, , Content, the Service or products sold on the Site is personal to you and NB FOODS and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and NB FOODS agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and NB FOODS agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
16. Notice; Informal Dispute Resolution
You and NB FOODS agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to NB FOODS shall be sent by certified mail or courier to NBF distributions, Inc., Attn: General Counsel, Chulavista, CA 91911. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your NB FOODS account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and NB FOODS cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by licable party, then either you or NB FOODS may, as appropriate and in accordance with this Section 25, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND NB FOODS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR NB FOODS WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND NB FOODS WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and NB FOODS agree that (a) any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from ropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California.
As limited by the FAA, these Terms and licable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
If any term, clause or provision of this Section 25 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 25 will remain valid and enforceable. Further, the waivers set forth in Section 25 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 25 by writing to: NBF DISTRIBUTIONS INC.
767 ANITA ST, SUITE E Chula Vista, California, 91911. In order to be effective, the opt out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 26.
17. Choice of Law and Venue
These Terms of Service and your relationship with NB FOODS are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with NB FOODS shall be finally settled in Los Angeles County, California, in English. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Los Angeles. You and NB FOODS agree that these Terms affect interstate commerce and that the enforceability of this Section 26 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Service shall otherwise remain in full force and effect and enforceable. You and NB FOODS agree that these Terms of Service are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications to these Terms of Service must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind NB FOODS in any respect whatsoever. You and NB FOODS agree there are no third party beneficiaries intended under these Terms.
19. Contact Information
Questions about the Terms of Service should be sent to us at:
NBF DISTRIBUTIONS INC.
767 ANITA ST, SUITE E
CHULA VISTA, CA 91911
Attn: General Counsel
If any part of these terms and conditions is deemed indefinite, invalid, illegal, void, or otherwise unenforceable, that part shall be deemed severable and other parts of these terms and conditions will continue in full force and effect. These terms and conditions constitute the entire agreement between you and US governing your use of this SITE. If WE fail or delay in exercising any right or remedy available to US under these terms and conditions or otherwise, it shall not constitute OUR waiver of such right or remedy.
Suggested language on order/checkout page:
“I agree to the Terms and Conditions and Privacy and Policy.” (You must click “agree” before placing your order)