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Terms and Conditions

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

By using the Site, you agree to comply with this Policy and to indemnify TGC against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:
  • 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

You agree that TGC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of TGC’s products or services, or for such other purpose(s) as TGC deems appropriate.

3. Postings

TGC may from time to time monitor, review, and at its discretion edit or delete discussions, chats, and postings on our Site; however, TGC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. TGC will cooperate with law enforcement or a court order requesting or directing TGC to disclose the identity of anyone posting any information or material prohibited by this Policy. TGC may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of TGC, its clients, or the public.

4. User Comments, Feedback and other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to TGC on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, “Comments”) shall be and remain TGC property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to TGC of sender’s all worldwide rights, titles, and interests in all copyrights and other intellectual property contained in the Comments. Thus, TGC will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. TGC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments. You agree that TGC may use your information for marketing and promotional purposes.

5. Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, program guides and manuals, menus, and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by TGC and/or its subsidiaries and their affiliates (collectively, “TGC”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by TGC, or any of its subsidiaries.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
You acknowledge that TGC does not represent or guarantee the accuracy, reliability, availability, timeliness, performance, completeness or suitability of any of the materials or any other content available on this Site. You acknowledge that such content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6. Termination

This Agreement is effective unless and until terminated by either you or TGC. You may terminate this Agreement at any time. TGC may terminate this Agreement at any time without notice and deny you access to the Site, if in TGC’s sole discretion you fail to comply with any term or provision of this agreement. A termination or actions taken by TGC under the previous sentence shall not limit TGC’s other legal rights and remedies available under law or equity. Upon any termination of this agreement by either you or TGC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise.

7. General

We may change, move, or delete portions of, or may add to, our Site from time to time and without prior notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.

8. Links to Other Sites

For your convenience and enjoyment, our Site may provide links to web sites that are not operated by TGC. These links do not mean that TGC endorses, approves, or sponsors the linked site or any information, products, or services contained in such site, nor is TGC liable for any claims or any damage which might result from your use of such information, products, or services.

9. Severability

If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

10. No Waiver

A failure on the part of TGC to enforce any part of this agreement shall not constitute a waiver of any of TGC’s rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of TGC shall have legal effect.

11. Disclaimer

This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of our site, and that TGC shall not be liable for any claims or damages of any kind related to your use of this site.

12. Miscellaneous

Unless otherwise specified and except to the extent TGC products or services are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting TGC’s products and services available in the United States and select foreign markets. This Site is controlled and operated by TGC.

13. Auto-Fill

Goodness Gravy is available for purchase on a one-time basis or on an auto-fill delivery basis. With Auto-Fill, you will receive free shipping to the US only including Alaska, Hawaii, Puerto Rico and other US territories and possessions. You are automatically charged and shipped your 90-Day supply once every 3 Months unless you cancel.
You can change your auto-fill delivery schedule by logging into your account on the Goodness Gravy website. You can cancel Auto-Fill at any time by logging into your account on the Goodness Gravy website and canceling your subscription.

14. Money Back Guarantee

If you’re not 100% satisfied contact us within 30 days after receipt of your order and send the remaining product back for a refund – simple as that. Money back guarantee is good on single box, first order only, less shipping. Limit one guarantee per customer. We will issue a Return Authorization Number (RMA#) and provide you with the return instructions and return address. Your package must be postmarked within 48-72 hours after the RMA # has been issued to you.
Please note: Any packages that are returned to us without an RMA#, including any orders which were not cancelled prior to order processing, and/or refused at the time of delivery, will have a return shipping fee of $9.99 (subject to change) deducted before a credit (if any) is issued.

15. Your Responsibility to Protect Your Account

TGC reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. TGC will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, TGC may restrict access to some parts of the Site, or the entire Site.
When you create an account, you will be asked to establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless TGC for losses incurred by TGC or another party due to someone else using your account or password. TGC has the right to disable any user name, password or other identifier, whether chosen by you or provided by TGC, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.

16. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by TGC with respect to your information in compliance with the Privacy Policy.

17. Online Purchases and Other Terms and Conditions

All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

18. Health Content

All content available in any portion of this Site is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from this Site. TGC does not represent or guarantee that such information is accurate, complete, or timely.

19. Limitation of Liability


20. Indemnification

You agree to indemnify, defend, and hold TGC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.

21. Resolving Disputes – Arbitration

To expedite any disputes between you and The Goodness Company, LLC, you agree that any and all disputes arising in connection with this agreement, shall be resolved in binding arbitration. Arbitration shall take place in Florida and any and all expenses incurred by you for travel are not the responsibility of The Goodness Company, LLC. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms and Conditions, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms and Conditions. You understand and agree that, by entering into these Terms and Conditions, you and The Goodness Company, LLC are each waiving the right to a trial by jury or to participate in a class action.
  • 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

The Goodness Company, LLC Terms and Conditions shall be governed by the laws of the State of Florida (whether it is through a court of law or through arbitration). If any lawsuit is permitted to proceed hereunder, you and The Goodness Company, LLC agree to submit to personal and exclusive jurisdiction of the state courts and federal courts located within the Middle District of Florida for the purpose of litigating all such claims or disputes. The entire agreement between you and The Goodness Company, LLC exist only in these Terms and Conditions. This agreement usurps all other prior agreements between you and The Goodness Company, LLC whether those are oral or written. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then: (i) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms and Conditions; and (ii) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of our products. You may not assign these Terms and Conditions without the prior written consent of The Goodness Company, LLC, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. The Goodness Company, LLC may assign these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions shall be binding on the parties and their respective successors and permitted assigns. You acknowledge and understand that if The Goodness Company, LLC is unable to provide products as a result of a force majeure event The Goodness Company, LLC will not be in breach of these Terms and Conditions. A force majeure event means any event beyond the control of The Goodness Company, LLC. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms and Conditions or by law shall not constitute a waiver of that right, power or remedy. The Goodness Company, LLCs waiver of any obligation or breach of these Terms and Conditions shall not operate as a waiver of any other obligation or subsequent breach of these Terms and Conditions.

23. Waiver and Severability

No waiver by TGC of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TGC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

24. Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and TGC with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site.

25. Notice

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

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