Customer Support:
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TERMS OF USE
Last Updated: September 30, 2021
These terms of use (“Terms of Use”) govern your use of [goodbitesstore.com] (the “Website”) and any of our products and services that are made available to you through the Website (together with the Website, collectively, the "Service"). The Service is operated by [Goodbites] (“we,” “our,” “us,” or similar designation). Any additional terms and conditions posted on the Website or otherwise made available to you by us are hereby incorporated into these Terms of Use. You must be 18 years or older and the age of majority in your place of residence to use, subscribe, or register as a member of the Services. By using the Service, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to these Terms of Use. Please read these Terms of Use carefully.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT (SEE SECTION 11 BELOW) THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
In connection with your use of the Service, YOU MUST NOT:
You are solely responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service. You must comply with all applicable laws, rules and regulations in using the Service.
You may need to register with the Service to use all or part of any Service. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential. You are solely responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password or account. In addition to all other rights available to us, including those set forth in these Terms of Use, we reserve the right, in our sole and absolute discretion, to terminate your account, refuse service to you, or cancel orders.
You hereby grant us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Website, or any content or information you publish through any social media and allow us to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant us the right to include the name provided along with the User Content submitted by you; provided, however, we shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You should not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to us and any third party the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.
You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION USING THE SERVICE. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of your transactions using the Service. Verification of information may be required prior to the acknowledgment or completion of any transaction.
The Service may contain links and otherwise interact with the websites of third parties. We are not responsible, and have no liability, for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Service to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Service do not constitute an endorsement by us of such third-party sites. Other sites may link to the Service with or without our authorization, and we may block any links to or from the Website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Other Website visitors may post content that is inaccurate, misleading, or deceptive. We do not endorse, and are not responsible for, any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
We grant you a limited license to access and make personal use of the Service for noncommercial purposes only and only to the extent such use does not violate these Terms of Use.
We own the Service, which is protected by proprietary rights and laws. If you fail to comply with these Terms of Use, you must immediately cease using the Service. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
All content included on the Website such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of us or our suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Website is the exclusive property of us and protected by U.S. and international copyright laws. We expressly reserve all intellectual property rights in all Content.
All prices indicated on the Website or any of our marketing materials are in U.S. dollars and are subject to any applicable taxes according to state and local laws. We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, and we reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our product information, we may cancel your order and notify you of such cancellation via email. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE WEBSITE, THE SERVICE IS MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL OF WHICH ARE HEREBY DISCLAIMED BY US.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SERVICE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND/OR (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY OF OUR PRODUCTS OR THIRD PARTY MATERIALS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SERVICE; AND (2) TEN U.S. DOLLARS (US$10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH US AND OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (collectively, the “Affiliated Persons”).
Applicable law in certain jurisdictions may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless us and our Affiliated Persons from and against all claims, losses, costs and expenses (including, without limitation, attorneys' fees) arising out of or related to (a) your use of, or activities in connection with, the Service ; and (b) any violation or alleged violation of these Terms of Use by you.
We may terminate or suspend your use of any or all of the Service at any time and without prior notice for any reason whatsoever, including if we believe that you violated or acted inconsistently with these Terms of Use. Upon any such termination or suspension, your right to use the Service will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. You agree that we shall not be liable to you or any third party for any termination of your access to the Service. Sections 3 through 18 and any other provisions of these Terms of Use which are by their nature intended to survive termination will survive any expiration or termination of these Terms of Use and your use of the Service.
Your use of the Service and these Terms of Use will be governed by the laws of the United States (including federal arbitration law) and the State of California, without regard to its principles of conflicts of law, and regardless of your location.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, THE PRODUCTS OFFERED OR SOLD BY US, AND THE BREACH, ENFORCEMENT, INTERPRETATION, APPLICATION, OR VALIDITY OF THESE TERMS OF USE, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms of Use. The Consumer Arbitration Rules are available online at www.adr.oreg or by calling AAA at 1-800-778-7879. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party.
The arbitrator’s decision shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
We reserve the right to modify these Terms of Use at any time, which modifications will take effect immediately upon their posting on the Website. We will post the date these Terms of Use were last updated at the top of these Terms of Use. You should review any updated version of these Terms of Use each time you use the Service. By accessing or using the Service after these Terms of Use are updated, you agree to be legally bound and to abide by the updated Terms of Use. We also may at any time modify or discontinue any part of the Service.
If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you but only to the extent that such provisions are unenforceable under any applicable New Jersey law: (a) the limitation on liability for (i) any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, (ii) lost profits or loss or misuse of any data, and (iii) the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory, which limitations are set forth in Section 8 above; (b) your obligation to indemnify us and our Affiliated Persons under Section 9 above; and (c) the provision under Section 11 above providing for California law as the governing law under these Terms of Use.
Under California Civil Code Section 1789.3, consumers residing in California are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to support@goodbitesstore.com. You may also contact us by mail sent to P.O. Box 86468, Los Angeles, CA 90086, or by calling us at 213-955-4900. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website:
OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable by a competent tribunal, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in these Terms of Use shall be construed as if followed by the phrase "without limitation". These Terms of use, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
If you have a question or complaint regarding the Service, please contact us by email at support@goodbitesstore.com. You may also contact us by mail sent to P.O. Box 86468, Los Angeles, CA 90086.
Except as explicitly stated otherwise, any notices you send to us must be sent by mail to the address set forth in Section 17 above. In the case of notices we send to you, you consent to receive notices and other communications by posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Target provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given upon posting on the Website, the receipt of an email, or three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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