Effective Date: November 16, 2021
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS.
EFFECTIVE DATE AND CHANGES TO THESE TERMS
The Effective Date of these Terms is set forth at the top of this webpage. Gooder Foods reserves the right to modify or amend the Terms without notice at any time. Changes will become effective immediately. Please check back from time to time to ensure you are aware of any updates or changes. Your continued use of the Site following any modifications or amendments to the Terms will mean that you agree to the changes. The amended Terms supersede all previous versions.
WHO MAY USE THE SITE
You may use this Site so long as you agree to be bound by, and act in accordance with, these Terms and you are at least 13 years old. If you use the Site and are between thirteen (13) and eighteen (18) years of age, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use the Site, are of adult age in your jurisdiction, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
CONDITIONS OF USE
You may use this Site and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) provided on the Site only as expressly provided in these Terms or as stated on the Site. All right, title, and interest in and to the Content are the exclusive property of Gooder Foods and its licensors. The Site and Content are protected by United States and international copyright and trademark laws. All rights not expressly granted herein are reserved to us and our licensors. The use of this Site does not confer upon you any rights to any intellectual property including but not limited to patents, trademarks, copyrights, design, user interfaces, trade dress, or computer code.
We authorize you to view or download the Content on the Site solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content. Content and features are subject to change or termination without notice in our editorial discretion.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs, malware or other material which is potentially malicious or technologically harmful.
You may not use this Site in any manner that interferes with the services Gooder Foods provides via this Site nor may you attempt to access the Site in any other manner than those that we purposely provide to you or are otherwise permitted by law. This includes but is not limited to attempts to gain unauthorized access, imposing an unreasonably large load on the Site’s infrastructure, or any other attempts to interfere with Gooder Foods’ intended working of the website as well as the experience of other visitors. You may not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content.
You may not use this Site in any way that violates any applicable federal, state, local or international law or regulation. If you use or attempt to use this Site or the Content in any way not expressly permitted by this Site, your right to use the Site will terminate automatically and you must immediately destroy any copies you have made of any portion of the Content.
Unless we have entered into a separate written agreement with you that authorizes you to resell our Products, you are not permitted to resell or otherwise use any of the Products you purchase for commercial purposes.
We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to others generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
THIRD-PARTY LINKS AND INFORMATION
PRODUCTS AVAILABLE FOR DIRECT-TO-CONSUMER PURCHASE
United States residents in the 48 contiguous states and Washington, D.C. may be able to purchase Products directly on the Site. If you do make a payment through our Site, you agree to have your payment information transferred to our third-party payment processor and its affiliates for purposes of processing your payment. We do not access or store your full credit or debit card number. We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. For preorder items, your method of payment will be charged at the time you place your preorder. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
All of our Products are subject to availability, and we reserve the right, at our sole discretion, to impose quantity limits on any order, to discontinue offering certain Products, or refuse to accept or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or adherence to our fraud avoidance policies. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit or debit card has already been charged, we shall promptly issue a credit to your credit or debit card account in the amount of the charge
Gooder Foods attempts to be accurate in describing its Products on the Site. We do not warrant that the product and service descriptions, including the weight or volume of the Products or other content of this or any other website are complete, reliable, current, or error-free.
We may offer a subscription service, where you can sign up to receive recurring deliveries of Products, if applicable (the “Subscription Service”). The Subscription Service continues until you cancel it in accordance with our Cancellation Policy set forth below. Each month (or other specified interval of your choosing, if applicable) you will receive a package from us with the Products you have chosen. You can find specific details regarding your subscription by visiting the Site and accessing your User Account details. When you register for the Subscription Service (and each time you change your plan) you expressly authorize and agree that we and/or our third party payment processor is authorized to automatically charge your payment method on a recurring, monthly basis (or other specified interval of your choosing, if applicable) in an amount equal to the then-effective rate for your plan, plus with any applicable taxes and shipping fees, unless you cancel your Subscription Service in accordance with these Terms. You acknowledge and agree that we will not obtain any additional authorization from you for such automatic, recurring payments.
SHIPPING AND HANDLING; RISK OF LOSS
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from our Sites, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. When you purchase a product from our Site, you agree to take title to and the risk of loss of such product upon delivery from the third party courier service.
General: At this time, we cannot promise to make product changes to your order once submitted. When placing orders, it is your responsibility to ensure the order and delivery information is accurate. We are unable to guarantee cancellation, but if you contact us as soon as possible (at firstname.lastname@example.org), we will use reasonable efforts to cancel your order, depending on the timing of your request. Due to processing time, the ability to make changes is not guaranteed.
Subscriptions: You may cancel your subscription at any time by visiting your User Account page and following the instructions located therein, or by contacting us at email@example.com. Changes to, or cancellations of, your subscription, may also be subject to additional timing and other restrictions set forth by us on the Site. If you cancel the Subscription Service, your subscription will terminate immediately except as to ANY ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR USER ACCOUNT PAGE WHICH CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER IDENTIFIED AS "PROCESSING" OR "SHIPPED" PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. If you cancel the Subscription Service, there is no guarantee that your Subscription Plan details will be saved and accessible to you in the future.
REFUNDS, RETURNS, AND CREDITS
We want you to LOVE your Products. In the rare case that you’re not satisfied with your order and/or something is missing from your package, please contact us WITHIN 30 DAYS of receipt at firstname.lastname@example.org or call or text our Customer Support team at 1-707-GOODLES (1-707-466-3537) or text SUPPORT at 1-707-207-8776. We generally do not accept returns on consumable products, unless the product differs materially from what was ordered on the Site. Unfortunately, we cannot accept or process any requests for returns or credits that are submitted to us later than within 30 days of receipt. Where an item is faulty or you are not satisfied, if you are eligible, we may, in our sole discretion, issue a credit and/or refund onto the original form of payment or offer a coupon, voucher or promotional code (if applicable) or promotional code or replace the item free of charge. Please note requests and any related refunds or vouchers/coupons may take 3-5 business days to fully process. Any such coupons, vouchers, or promotional codes are only for use on our Site, are not transferable, and are not redeemable for cash or other property. Abuse or misuse of our refund and/or credit offers may result in the refusal of future order fulfillment and/or refunds. Except for the limited circumstances described above, unless otherwise provided by law or by a particular offer from us, all purchases are final and non-refundable.
If we allow sales through retail partners, we do not provide credits, coupons or refunds for products purchased from such retail partners. Contact the store or website you made your purchase from for more information on their return or refund policy.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree to use the Site and in full compliance with all applicable laws and regulations. You shall be solely responsible for your comments, opinions, reviews, statements, feedback, suggestions, messages, comments, ideas, notes, and other content that you (i) you submit or post on the Site; (ii) send or provide to us by email, by postal mail, by text/SMS/MMS message, by phone, or otherwise; or (iii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #Goodles, #AllGoodles, @AllGoodles or any other Gooder Foods related or promoted hashtag or properties (collectively, “User Content”). We do not claim ownership in your User Content. However, by submitting any User Content in any form to us, in addition to other provisions of these Terms, you automatically grant Gooder Foods, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the commercial purpose of displaying and promoting such User Content on any website or other Site owned or operated by, and in any related marketing materials produced by, Gooder Foods and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content. You also grant to Gooder Foods and its affiliates, successors and assigns the exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in that User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you also represent and warrant to us that either you own all Rights in your User Content or all third party holders of Rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above.
You agree that your User Content 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 User Content 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.
Messaging Terms & Conditions
User Opt In: By affirmatively opting in to receive text messages to get on our Do-Gooder list, through the Site or application-based enrollment forms, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Gooder Foods, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Cancellation of Messaging Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Gooder Foods and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Gooder Foods through any other programs you have joined until you separately unsubscribe from those programs.
Customer Care If you are experiencing any problems, please visit or email email@example.com.
Contact This message program is a service of Gooder Foods, Inc., located at 415 River Street, Unit A, Santa Cruz, California 95060.
Our Disclaimer of Warranty:
Messaging is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
You may not use or engage with Messaging if you are under thirteen (13) years of age. If you use or engage with Messaging and are between thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with Messaging, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with Messaging, or are of adult age in your jurisdiction, or are an emancipated minor. By using or engaging with Messaging, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with Messaging.
WARRANTIES AND DISCLAIMERS OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND LINKED SITES. GOODER FOODS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER DESTRUCTIVE OR HARMFUL PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS (INCLUDING MAJOR ALLERGENS DISCLOSED ON THE PRODUCTS’ LABELS) BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS MAY HAVE BEEN STORED NEAR PRODUCTS CONTAINING INGREDIENTS IDENTIFIED AS MAJOR U.S. ALLERGENS, INCLUDING BUT NOT LIMITED TO WHEAT, SOY, PEANUTS AND TREE-NUTS, AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOODER FOODS AND ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE “GOODER FOODS REPRESENTATIVES”) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR INJURIES FOR ANY CAUSE OF ACTION UNDER ANY LEGAL THEORY THAT RELATES IN ANY WAY TO YOUR ACCESS, OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION). GOODER FOODS SHALL NOT BE LIABLE EVEN IF GOODER FOODS OR A GOODER FOODS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GOODER FOODS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE INFORMATION CONTAINED THEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS. TO THE EXTENT PERMITTED BY LAW, GOODER FOODS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES, NOT TO EXCEED THE LESSER OF THE AMOUNT YOU PAID GOODER FOODS WITHIN THE PAST THIRTY (30) DAYS, OR ONE HUNDRED DOLLARS ($100). IN ANY EVENT, GOODER FOODS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
The limitations of liability provided in these Terms inure to our benefit to all of the Gooder Foods Representatives.
Some jurisdictions do not allow the disclaimer of warranties or limitation of certain damages so certain of the foregoing disclaimers and limitations may not apply to you.
The Site is controlled and operated from facilities in the United States. Gooder Foods makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
You agree to indemnify and hold harmless Gooder Foods and Gooder Foods Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; (vi) any User Content you upload to, or otherwise make available through, the Site or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
GOVERNING LAW, ARBITRATION, VENUE, AND CLASS ACTION WAIVER
A. Governing Law. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the state courts located in Santa Cruz County, California and the Federal Courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Cruz County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOODER FOODS. For any dispute with Gooder Foods, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Gooder Foods has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Cruz County, California, unless you and Gooder Foods agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a reduced and capped fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; and (ii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. 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 Gooder Foods from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
C. Class Action Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, 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 GOODER FOODS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
D. Opt-out. You have the right to opt out of the arbitration and class action waiver provisions of these Terms by sending written notice of your decision to opt out to the following address: email@example.com within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
E. Exclusive Venue. If you send the opt-out notice in Section D, and/or in any circumstances where the foregoing arbitration agreement permits either you or Gooder Foods to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Gooder Foods agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Santa Cruz County, California, or the federal courts located in San Jose, California.
F. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Gooder Foods makes any future change to this arbitration provision, you may reject the change by contacting firstname.lastname@example.org within 30 days of the change and stating that you (include your first and last name) decline the change, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Gooder Foods.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Gooder Foods a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/(opens in a new tab) for details. Notices and counter-notices with respect to the Site should be sent to email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gooder Foods without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver by Gooder Foods of any term or condition set forth in these Terms shall be effective unless in a writing signed by an authorized representative of Gooder Foods or be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.
This Agreement, together with any amendments and any additional agreements you may enter into with Gooder Foods in connection with the Site, shall constitute the entire agreement between you and Gooder Foods concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action Waiver, the entire arbitration agreement shall be unenforceable.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
CONSUMER INFORMATION AND RIGHTS
California users of this Site are entitled to the following consumer rights notice under California Civil Code Section 1789.3: To file a complaint about the Site or if you have any questions about these Terms, please contact at firstname.lastname@example.org.