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Terms

GOOD FOODS GROUP TERMS OF USE

Effective Date / Date of Last Revision: February 14, 2022

  1. WHO WE ARE.

Good Foods Group, LLC (“Good Foods,” “GFG,” “we,” “our” or “us”) is a family-owned business headquartered in Pleasant Prairie, Wisconsin, that produces clean, preservative free refrigerated products. Our mission is to source and distribute healthy and flavorful food to everyone, everywhere. We operate publicly available websites at https://goodfoods.com, and https://goodfoodsfoodservice.com, as well as several social media accounts (our “Sites”), where we provide information about our products, services, and information (our “Services”).

  1. THESE TERMS FORM A BINDING LEGAL AGREEMENT.

These Terms of Use (“Terms of Use“), along with our (“Privacy Policy”) constitute a legally binding agreement between you and Good Foods. Please read the Terms of Use and Privacy Policy carefully. Your access to and use of our Sites and Services is subject to these Terms of Use, the Privacy Policy and all applicable laws.  By accessing and using our Sites and our Services in any manner, you agree to be bound by these Terms of Use.  If you do not agree to adhere to these Terms of Use or the Privacy Policy, then you may not use our Sites or Services.

We reserve the right to change these Terms of Use and our Privacy Policy.  We may also change, suspend, or end access to all or any part of the Sites and Services at any time, in our discretion.

  1. YOUR REPRESENTATIONS.

BY USING AND/OR ACCESSING ANY PART OF OUR SITES OR SERVICES, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 16 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY; AND (D) WILL COMPLY WITH THESE TERMS OF USE, THE PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.

  1. License to Use the SITE and Services.

Subject to these Terms of Use and the Privacy Policy, Good Foods grants you a limited, non-transferable license to access and use the functionality, features, content and information provided through our Sites and/or Services for the purposes of obtaining information, purchasing products and/or services, communicating with us, providing your reviews and participating in features and promotions we may offer from time to time.  You may not use the Sites or Services for any other purpose without first obtaining written permission from us.

  1. ACCOUNT Registration; PURCHASES; NEWSLETTER.

If you make an order, set up a customer account, or sign up for our newsletter, you will be required to provide certain personal data, such as your name, contact information, billing address and shipping address.  You will be solely responsible for all information you provide to us.  You will also be solely responsible for the security of your account credentials and any activity (whether authorized or unauthorized) that takes place through your account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.   You agree not to submit false information to us or anyone else through the Sites or Services. By creating an account on any of our Sites, you consent to receive periodic communication from us.

  1. NOT INTENDED FOR INDIVIDUALS UNDER SIXTEEN.

OUR SITES AND SERVICES ARE DESIGNED FOR USE BY INDIVIDUALS AGED SIXTEEN (16) AND OLDER.  IF YOU ARE UNDER SIXTEEN (16) YEARS OF AGE, YOU MAY NOT USE THE SITE.  IF YOU HAVE KNOWLEDGE OF ANYONE USING THE SITE THAT IS UNDER 16 YEARS OLD, PLEASE NOTIFY US AT [email protected].

  1. Ownership Rights.

You expressly acknowledge and agree that Good Foods and its content providers (as applicable) own all content, trademarks, copyrights and other intellectual property located on and related to the Sites and Services, excepting only the User Content as described below.

  1. USER GENERATED CONTENT.

If you choose to provide content or materials on our Sites and Services, such as through comments, reviews, etc. (“User Content”), you agree to provide only truthful and accurate material that you have the right to provide.  You grant Good Foods and its related companies, agents, sublicensees, contractors and assigns (“Licensed Parties”), a worldwide, perpetual, irrevocable, royalty-free, fully paid up, non-exclusive license to use your User Content in any manner for our business and legal purposes, and in our own discretion.

You represent and warrant that (i) you are solely responsible for all User Content you upload or otherwise provide, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

You further acknowledge and agree that we have the right to remove any User Content from our Sites, in our discretion.

  1. Your Obligations to Us.

In exchange for use of the Sites and/or any Services, you represent the following:

  1. You’re at least 16 years of age. You understand that the Sites and Services are designed for individuals 16 years old or older.
  2. You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it.
  3. The security of your account is your responsibility. You agree to choose a strong password and keep it private to you. You’re responsible for any and all activity on your account. If you suspect misuse of your account, please contact us immediately.
  4. All content and information you provide is owned by you and/or you have the right to provide it to us.
  5. When using the Sites and/or Services, you will obey all applicable federal, state and local laws.
  6. You will copy information from the Sites only for your personal, non-commercial purposes.
  7. You will not otherwise reproduce, modify, distribute, display or otherwise provide access to this Sites or its content.
  8. You will not use this Sites or the Services in any way that is unlawful or may harm Good Foods or any other site visitors.
  9. You will not engage in any of the following activities:
    • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
    • Creating a username or providing content that is offensive or violates anyone else’s trade secret, copyright, privacy right, publicity right or other intellectual property right.
    • Engaging in activity that is unauthorized advertisement or promotions, including unauthorized solicitation of users of the Sites and/or Services.
    • Collecting personal information of other users of the Sites and/or Services without such user’s consent.
    • Engaging in activity that compromises the Sites and/or Services. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing, and transferring any malware to the Sites or other users of the Sites or Services.
    • Allowing unauthorized access, whether intentionally or unintentionally, to the Sites and/or Services.
    • Using the Sites, Services and/or any information or content available through the Sites and/or Services in any manner that is not expressly permitted under these Terms of Use.
    • Interfering or attempting to interfere with the security and/or proper working of the Sites and/or Services.

 

The license granted to you under these Terms of Use to access and use the Sites and Services shall automatically terminate if you violate any of these restrictions. We reserve the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.

We value all of our users, and it is our goal to provide an excellent experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Sites may not be fully accessible because they are provided by third-parties or have errors. If you have comments regarding the accessibility of any part of the Sites, or would like to report an issue you are experiencing, please email us at [email protected]. You expressly agree to attempt to work with us in good faith to obtain access to our Sites and Services and that you will not threaten or assert any claims regarding accessibility against us unless you have first provided us with notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.

  1. DISCLAIMERS AND LIMITS ON LIABILITY; WAIVER OF CLASS ACTION RIGHTS.

THE SITES AND SERVICES, AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). GOOD FOODS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “GF PARTIES“) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITES AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR DATA.

YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT THE GF PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE GF PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO GF FOR THE USE OF THE SITES WITHIN THE LAST TWELVE MONTHS. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY GOOD FOODS WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE GF PARTIES, AND, YOU AGREE THAT IF YOU HAVE ANY CLAIM AGAINST THE GF PARITES, YOU WILL BRING IT WITHIN ONE YEAR FROM THE TIME IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) OR SUCH CLAIM SHALL BE WAIVED AND RELEASED.  YOU FURTHER AGREE TO RESOLVE ANY AND ALL CLAIMS AGAINST THE GF PARTIES ON AN INDIVIDUAL BASIS AND KNOWINGLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE GF PARTIES.

  1.  

You agree to indemnify, defend and hold harmless Good Foods, the GF Parties and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from: (a) your breach of these Terms of Use; (b) your access or use of the Sites and/or Services; (c) your infringement or the infringement of any third-party using your account, of any intellectual property right of another; and (d) any authorized activity through your account.

  1. Third-Party Links. 

The Sites may contain links to other third-party websites.  Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.  Such third-party websites are maintained by persons or organizations over which Good Foods exercises no control. Good Foods disclaims any responsibility for the content or results from your use of such third-party websites.

  1. Copyright Complaints.

 Good Foods respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Sites of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement can be reached as follows: [email protected].

  1. Consent to Receive Electronic Notifications. 

 Electronic communication is the most effective and timely way to provide the users of the Sites sand/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact: [email protected]. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider. 

 If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated. 

GOOD FOODS CANNOT GUARANTEE THE SITES WILL BE AVAILABLE OR SECURE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS.  ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SITES REASONABLY POSSIBLE, INTERRUPTIONS, THIRD PARTY INTERFERENCE AND DELAYS DO OCCUR AND GOOD FOODS EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

  1. Controlling Law and Venue.

It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Wisconsin, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts located in Milwaukee County, Wisconsin.

  1. Entire

These Terms, along with Good Food’s Privacy Policy, contain the entire agreement between the parties with respect to the Sites and Services, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.

If you have any questions about us, the Sites, our products, the Services, our Privacy Policy, or these Terms and Conditions, you may contact us at:

Good Foods Group

10100 88th Avenue

Pleasant Prairie, WI 53158

1-844-872-6999

[email protected]

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