Terms and Conditions
Welcome to the The Goodness Company, LLC (“TGC”) website (“Site”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. Your use of our Site constitutes your agreement to follow and be bound by these terms (the “Agreement”)
1. Acceptable Use Policy
- Use the Site in violation of any law or regulation governing TGC’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
- Use the Site in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights, or rights of publicity.
- Use the Site to engage in libel, defamation, unlawful, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
- Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
- Introduce viruses, trojan horses, worms, malware or spyware or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
- Assist or permit any person to engage in any of the activities described above.
2. TGC’S Communications to You
4. User Comments, Feedback and other Submissions
5. Site Content
8. Links to Other Sites
10. No Waiver
14. Money Back Guarantee
15. Your Responsibility to Protect Your Account
16. Information About You and Your Visits to the Site
17. Online Purchases and Other Terms and Conditions
18. Health Content
19. Limitation of Liability
21. Resolving Disputes – Arbitration
- Exceptions – Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims
- Arbitrator – Any arbitration between you and The Goodness Company, LLC will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
- Notice Process – A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Goodness Company, LLC’s address for Notice is: The Goodness Company, LLC, 4801 Gulf Blvd, Suite 156, St Pete Beach, FL 33706. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or The Goodness Company, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Goodness Company, LLC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, The Goodness Company, LLC shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by The Goodness Company, LLC in settlement of the dispute prior to the arbitrator’s award.
- Fees – In the event that you commence arbitration in accordance with these Terms and Conditions, The Goodness Company, LLC will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Pinellas County, Florida, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse The Goodness Company, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceedings and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions – You and The Goodness Company, LLC agree that each many bring claims against the other party only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and The Goodness Company, LLC 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.
- Modifications – In the event that The Goodness Company, LLC makes any future change to this arbitration provision (other than a change to the The Goodness Company, LLC’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to The Goodness Company, LLC’s address for Notice, in which case your account with The Goodness Company, LLC shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- Enforceability – If only subsection (6) of this section or the entirety of this Section 16 is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
22. Governing Law and Jurisdiction
23. Waiver and Severability
24. Entire Agreement
TGC may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your TGC account. You may give notice to TGC at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: The Goodness Company, 4801 Gulf Blvd, St Pete Beach, FL 33705