TERMS AND CONDITIONS OF USE
Acceptance of Terms
YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY LEAVE THIS SITE.
Restrictions on Use
All pages within this Website and any material made available for download (collectively the “Site”) are the property of GOOD PLANeT Foods, LLC (“GOOD PLANeT”). The Site is protected by federal and international copyright and trademark laws. You may view, download, print and copy the Site content for personal, non-commercial purposes only, provided that you do not modify or alter the content or violate these Terms in any way. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from the Site, in whole or in part, without our prior written permission. All rights not expressly granted herein are reserved.
As a condition of your use of this Site, you represent, warrant and covenant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree that you shall not use the Site: (a) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (b) in violation of GOOD PLANeT’s or any third party’s intellectual property or other proprietary rights; (c) in any manner that will violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (d) in a manner that causes the transmission of a virus or other harmful component to the site; (e) in violation of any applicable laws; (f) to attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (g) to obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (h) to use or attempt to use any “spider”, “robot”, “bot”, “scraper”, or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof); (i) to transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; (j) to post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” or any other form of solicitation; or (k) to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any GOOD PLANeT product or Service if you are not expressly authorized by such party to do so.
Confidential and Proprietary Information
You may be allowed to post reviews, comments or other content to the Site. GOOD PLANeT does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to GOOD PLANeT through the Site will be deemed NOT to be confidential. By sending GOOD PLANeT any information or material, you grant GOOD PLANeT an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that GOOD PLANeT is free to use any ideas, concepts, know-how, or techniques for any purpose that you post to the Site or send us in any other way.
Warranty Disclaimer and Indemnification
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby agree to indemnify, defend and hold GOOD PLANeT and all its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the foregoing representations, warranties, and covenants, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Site, regardless of the type of claim or nature of the cause of action including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. GOOD PLANeT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of GOOD PLANeT.
GOOD PLANeT, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although GOOD PLANeT attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform GOOD PLANeT so that it can be corrected. Information contained on the Site may be changed or updated without notice.
You agree that GOOD PLANeT has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government requests, to operate the Service properly, or to protect itself or its subscribers. GOOD PLANeT has no obligation to monitor the GOOD PLANeT Site. However, GOOD PLANeT reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
Copyright and Trademark Notice
Except as allowed by these Terms and Conditions, “GOOD PLANeT”, its and any other trademarks, registered or otherwise, of GOOD PLANeT may not be copied, imitated or used, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, in whole or in part, without our prior written permission, pursuant to U.S. Copyright and Trademark Laws, international conventions and other regulations. In addition, the look and feel of the Site and our products constitute the service mark, trademark and/or trade dress of GOOD PLANeT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners. Permission is granted to display, copy, distribute or download the GOOD PLANeT materials on this Site for non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. With such permission, you must display an appropriate copyright notice, such as:
“© 2020 GOOD PLANeT Foods, LLC]. Used by permission.
Available at www.goodplanetfoods.com. All Rights Reserved.”
Links to Other Sites
The Site may provide links to other web sites or resources. These links are provided by GOOD PLANeT only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by GOOD PLANeT of the site or any of the information or content therein. Because these linked sites and resources are not under the control of GOOD PLANeT, you acknowledge and agree that GOOD PLANeT is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any link contained in a linked site or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Choice of Law and Venue
These Terms and Conditions are entered into in the State of Washington and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Sussex County in the State of Delaware and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Last Update: 6-11-2020