TERMS AND CONDITIONS

This is an agreement between you and New England Natural Bakers, Inc. (referred to as “TRUNOLA®,” “us,” “we,” “our,” or “the company”). Please read this agreement before using our website. Use of our website is your acceptance of this agreement and any updated agreements provided by TRUNOLA®.

1. CHANGES TO TERMS AND CONDITIONS:
   TRUNOLA® reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions provided TRUNOLA® gives at least ten days’ notice in writing to you, in our sole discretion, subject to applicable law. If you use the TRUNOLA® website after we give you notice, you agree to the change, which becomes part of our agreement. Any changes are effective prospectively, not retroactively. Changes to dispute resolution terms are not enforceable unless both of us agree. You agree that creating a website account and clicking “Enter” or “I Agree to the Terms of Use” before using the site on a given occasion is your agreement to the current terms of use in place in this Agreement, for which a link is posted at the initial website screen. The most current version of this Agreement will supersede all previous versions. Your use of the TRUNOLA® website after changes are made means you agree to be bound by such changes. You should review the Terms and Conditions periodically.
2. WEBSITE TERMS OF USE:
   The TRUNOLA® Website (“Website”), owned and operated by TRUNOLA®, is provided to you under the terms and conditions of this agreement and any operating rules or policies that TRUNOLA® may publish. YOU EXPRESSLY AGREE THAT THE USE OF THE TRUNOLA® WEBSITE IS AT YOUR SOLE RISK. THE TRUNOLA® WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. You promise not to use the TRUNOLA® website for any fraudulent, unlawful, or abusive purpose or in any way that interferes with TRUNOLA®’s business. If you do not comply, you now agree to defend, hold harmless, and indemnify TRUNOLA® for any claims against it that may result, whether by you, any other third party, or a government agency.
3. WEBSITE PRIVACY POLICY:
   TRUNOLA® values the privacy of those who visit its Web site and purchase its products. TRUNOLA® thinks it is crucial to understand when and why TRUNOLA® collects personally identifiable information and how TRUNOLA® may use it. This Privacy Policy describes TRUNOLA®’s data collection and use policies. Please read the entire Privacy Policy before providing any personally identifiable information to TRUNOLA®. By agreeing to the terms of this Agreement, you also agree that TRUNOLA®’s Privacy Policy is fair and reasonable and agree to its use of your personally identifiable information.
   1. TRUNOLA® will use your data to:
      1. Enhance Your Experience: We use your data to tailor your browsing experience, ensuring that what is displayed is aligned with your preferences.
      2. Fulfill Your Orders: To process and fulfill your orders accurately and promptly.
      3. Customer Support: Your data aids us in providing timely and efficient customer support, resolving any issues or inquiries you may have.
      4. Marketing and Promotions: With your consent, we may use your contact information to send you updates about new products, special offers, and other promotions.
      5. Data Sharing: We may share your data with trusted third-party service providers who assist us in operating our website, conducting our business, or serving you as long as those parties agree to keep this information confidential.
   2. Cookies: Certain information, like the Internet protocol address of your computer, may be stored through the use of “cookies” intended to speed access to TRUNOLA® information and services. A cookie is a short piece of data telling TRUNOLA® when you visit the TRUNOLA® Website and track your browsing habits.
   3. Data Sale: We do not sell your data to any entities.
   4. Otherwise, TRUNOLA® will not share your personally identifiable information unless required to do so by law or in the good faith belief it is necessary to: (1) conform to the edicts of the law or comply with the legal process served on Trunola; (2) protect and defend the rights or property of Trunola; or (3) act under exigent circumstances to protect the personal safety of its customers or the public.
   5. While browsing the TRUNOLA® Web site, you may be able to access the Web sites of third parties through a hyperlink. TRUNOLA® assumes no responsibility for the privacy practices at such third-party Websites and suggests you review the privacy policies on those Websites before sharing personally identifiable data.
4. PROPRIETARY RIGHTS TO CONTENT:
   You acknowledge that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect the content of the TRUNOLA® Website. You may not copy, reproduce, distribute, or create derivative works from the website without express authorization by TRUNOLA®.
5. TRUNOLA® RIGHT TO TERMINATE OR SUSPEND YOUR TRUNOLA® WEBSITE ACCESS:
   TRUNOLA® may terminate your TRUNOLA® website access without prior notice. This includes but is not limited to circumstances where you breach any part of this Agreement, fail to pay for items purchased, or interfere with TRUNOLA®’s business.
6. RETURN POLICY:
   All returns are subject to our return policy.
7. LIABILITY:
   LIMITATIONS OF LIABILITY: You and TRUNOLA® waive important rights. Unless forbidden by law in a particular instance, TRUNOLA® and You each agree as follows:
   1. TRUNOLA®’s maximum liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or product liability) is limited to an amount equal to the charges YOU HAVE PAID for TRUNOLA® products and shipping.
   2. You cannot recover (1) punitive damages, (2) treble, consequential, indirect, or special damages, or (3) attorney’s fees from TRUNOLA®. You and TRUNOLA® agree not to make and to waive, to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement.
   3. You agree that this agreement’s limitations of liability and indemnities will survive even after the agreement has ended. These limitations of liability apply not only to you but to anyone using your TRUNOLA® account (or their legal representative), to anyone claiming on your behalf, and to any claims made by your family, employees, customers, or any other person or entity arising out of or relating to your TRUNOLA® account in all applicable areas and situations.
8. RESOLUTION OF DISPUTES BETWEEN PARTIES:
   1. If you and TRUNOLA® have a disagreement related to TRUNOLA®’s service, both parties will try to resolve disputes directly without resorting to legal process (litigation, arbitration, or mediation). Suppose the parties cannot resolve the dispute. In that case, both parties agree, to the fullest extent permitted by law, to solve such disputes via binding arbitration, NOT lawsuits (except for small claims court cases) to resolve the dispute.
      1. Arbitration shall be conducted under commercial rules (and, where applicable, wireless industry arbitration rules) for arbitration by the American Arbitration Association through its offices in Boston, Massachusetts, USA. Boston shall be the site for any such arbitration process.
      2. If, for some reason, these arbitration requirements do not apply, or a claim proceeds in small claims court, TRUNOLA® and you each waive any trial by jury.
9. GOVERNING LAW:
   To the fullest extent permitted by law and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the state of Massachusetts of the United States of America, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
10. HOW WE CAN COMMUNICATE WITH EACH OTHER:
    Any written notice from you will be given when TRUNOLA® receives it at TRUNOLA®’s corporate address at 74 Fairview St E, Greenfield, MA 01301, United States. Any written notice from TRUNOLA® required by this agreement will be considered given two days after TRUNOLA® mails it to you at the billing or shipping address TRUNOLA® has on file for you at the time.