Terms of use

Agreement between you and the co-op

Welcome to fcfood.coop. This website (the "Site") is operated by COOPERATIVE MARKETS, INC. ("Fort Collins Food Cooperative"), also known as Mountain Avenue Market and Fort Collins Food Co-op. The Site is offered to you on the condition that you accept, without modification, the terms, conditions and notices below (the "Terms"). By using the Site you agree to all of them. Please read them carefully and keep a copy for your reference.

About this site

Fort Collins Food Cooperative is a member-owned cooperative grocery store supporting local food systems. This Site gives information about the store, lets you join as a member-owner, and lets you send us requests such as special deli orders, job applications and member contact updates. We do not sell groceries online. A request sent through this Site is not a confirmed order until our staff confirm it with you.

Electronic communications

Visiting the Site or sending emails to Fort Collins Food Cooperative constitutes electronic communication. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Site, satisfy any legal requirement that such communications be in writing.

Children under thirteen

Fort Collins Food Cooperative does not knowingly collect, online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of a parent or guardian.

Returns and refunds

Unopened and unused goods in their original condition within the best-by and sell-by dates may be returned for a full refund for up to 7 days after purchase with a receipt or order confirmation. See our returns policy.

Links to third-party sites and services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Fort Collins Food Cooperative, and Fort Collins Food Cooperative is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. We provide these links only as a convenience, and the inclusion of a link does not imply endorsement of the site or any association with its operators.

Certain services available through the Site, such as online payment, are delivered by third-party organizations. By using them you acknowledge and consent that Fort Collins Food Cooperative may share such information and data with any third party with whom we have a contractual relationship to provide the requested service.

No unlawful or prohibited use; intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not use it for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair it or interfere with any other party's use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

All content included on the Site, such as text, graphics, logos and images, as well as the compilation of them and any software used on the Site, is the property of Fort Collins Food Cooperative or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe all copyright and other proprietary notices on that content and not to change them.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. Fort Collins Food Cooperative content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of protected content. You will use protected content solely for your personal use and make no other use of it without the express written permission of Fort Collins Food Cooperative and the copyright owner. You acquire no ownership rights in any protected content, and we do not grant you any licenses, express or implied, to the intellectual property of Fort Collins Food Cooperative or our licensors except as expressly authorized by these Terms.

Materials you send us

Fort Collins Food Cooperative does not claim ownership of the materials you send us through the Site, including feedback and suggestions ("Submissions"). However, by sending a Submission you grant Fort Collins Food Cooperative, our affiliated companies and necessary sublicensees permission to use it in connection with the operation of our business, including the right to copy, reproduce, edit, translate and reformat it. No compensation will be paid for the use of a Submission. We are under no obligation to use any Submission and may remove one at any time in our sole discretion. By sending a Submission you warrant that you own or otherwise control all the rights necessary to provide it.

International users

The Site is controlled, operated and administered by Fort Collins Food Cooperative from our offices within the USA. If you access the Site from outside the USA, you are responsible for compliance with all local laws. You agree not to use Fort Collins Food Cooperative content accessed through the Site in any country or in any manner prohibited by applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Fort Collins Food Cooperative, its officers, directors, employees, agents and third parties from any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any term of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fort Collins Food Cooperative reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Arbitration

If the parties are not able to resolve a dispute arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, the dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered on it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims relating to these Terms, whether directly or indirectly, including tort claims that result from them. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This provision survives the termination of these Terms.

Class action waiver

Any arbitration under these Terms will take place on an individual basis. Class arbitrations and class, representative or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH ONE'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fort Collins Food Cooperative agree otherwise, 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.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COOPERATIVE MARKETS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

COOPERATIVE MARKETS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COOPERATIVE MARKETS, INC. AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOPERATIVE MARKETS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COOPERATIVE MARKETS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination, access restriction and governing law

Fort Collins Food Cooperative reserves the right, in its sole discretion, to terminate your access to the Site and the related services, or any portion of them, at any time without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Colorado, and you consent to the exclusive jurisdiction and venue of courts in Colorado for all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Fort Collins Food Cooperative as a result of these Terms or your use of the Site. Our performance of these Terms is subject to existing laws and legal process, and nothing in these Terms limits our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to that use. If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations above, that provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original, and the rest of the Terms will continue in effect.

Unless otherwise specified, these Terms are the entire agreement between you and Fort Collins Food Cooperative with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written. A printed version of these Terms, and of any notice given in electronic form, is admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Changes to these terms

Fort Collins Food Cooperative reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms supersedes all previous versions. We encourage you to review the Terms periodically.

Contact us

Fort Collins Food Cooperative welcomes your questions or comments about these Terms:

Cooperative Markets, Inc., doing business as Fort Collins Food Cooperative (also known as Mountain Avenue Market)
1100 W Mountain Ave
Fort Collins, CO 80521
Phone: 970-484-7448
Email: info@fcfood.coop