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Terms and Conditions

TERMS OF USE & PRIVACY TERMS

PLEASE READ THESE TERMS OF USE & PRIVACY TERMS (“Terms”) CAREFULLY.

THIS IS A CONTRACT BETWEEN YOU AND Grace’s Good Food, LLC, on behalf of itself and its subsidiaries and affiliates (collectively “Grace’s Good Food”).

Grace’s Good Food is the creator of Grace’s Goodness Organics™, a line of powdered broth blends that provide all-natural nourishment on the go (the “Products”).

NEITHER THE PRODUCTS NOR ANY PRODUCT INFORMATION LISTED ON THE SITES HAS BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.

By purchasing Products through www.gracesgoodness.com, and/or accessing or otherwise using any of Grace’s Good Food’s websites, mobile application, and other online services (collectively, the “Sites”), you agree to be bound by these Terms, and you confirm that you are at least 13 years old. If you do not agree to all these Terms or you are under the age of 13, you must refrain from accessing and using the Sites. If you are between 13 and 17 years of age, you may only use the Sites, including purchasing Products, with the involvement of a parent or guardian.

We may modify these Terms at any time by posting the revised Terms on the Sites. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Any modifications will be effective immediately upon such posting. YOUR USE OF THE SITES AND/OR PURCHASE OF PRODUCTS FROM THE SITES AFTER MODIFICATIONS ARE POSTED WILL SIGNIFY YOUR ACCEPTANCE OF THE MODIFICATIONS AND YOUR AGREEMENT TO BE BOUND BY THEM.

 

If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Sites (each a “Site Agreement”), the terms in the Site Agreement shall govern over any inconsistencies with these Terms, but only for the specific Site function described in that Site Agreement. When using or accessing the Sites, you agree that you must comply with any guidelines, rules, terms, and conditions applicable to such use or access that we post, which are hereby incorporated by reference into these Terms.

 

TERMS OF USE

 

GRACE’S GOOD FOOD DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE. DO NOT USE THE PRODUCT OR ANYTHING YOU FIND ON THE SITES AS A SUBSTITUTE FOR MEDICAL OR HEALTH ADVICE, DIAGNOSIS, OR TREATMENT.

 

WARNING: Our Products and the information on our Sites is no substitute for medical advice or professional nutritional advice. You are responsible for evaluating the Products and any content that may be available through the Sites. When you purchase our Products through the Sites, you acknowledge that you are not receiving any advice regarding the appropriateness of the Product for your particular use.

We do not represent, warrant or guarantee any particular results with respect to your use of the Products, the Sites, or any information available on the Sites. WE DO NOT MAKE ANY GUARANTEE ABOUT WHETHER ANY PRODUCTS OR INFORMATION YOU FIND ON THE SITES WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT. SHOULD YOU HAVE ANY HEALTH CARE OR NUTRITION RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF THE PRODUCTS OR SOMETHING YOU READ ON THE SITES.

 

GRACE’S GOOD FOOD’S RIGHTS

 

We reserve the right, at any time and from time to time, to modify, suspend, or discontinue the Sites; charge fees in connection with the use of certain aspects of one or more Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that neither we nor any of our affiliates or subsidiaries shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, content, feature, or product offered through the Sites. 

 

MOBILE DEVICES

 

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Sites on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the Sites, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. You understand that the Sites are provided over the Internet and mobile networks, so the quality and availability of the Sites may be affected by factors outside our control. We do not guarantee that the Sites will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device.

 

WE ARE NOT RESPONSIBLE IF THE SITES ARE UNAVAILABLE OR IF YOU CANNOT DOWNLOAD OR ACCESS SITE CONTENT, FOR ANY COMPATIBILITY OR INTEROPERABILITY ISSUES, OR FOR ANY COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE SITES BEING UNAVAILABLE. WE MAY USE YOUR ELECTRONIC CONTACT INFORMATION TO SEND YOU COMMUNICATIONS.

 

YOUR USE OF THE SITES

 

You may only access the Sites using authorized means. Grace’s Good Food is not liable if you do not have a compatible mobile device, computer, operating system, browser, or any other software or hardware with which the Sites are not compatible. Grace’s Good Food reserves the right to terminate the Sites and your use thereof should you use or attempt to use the Sites with an incompatible or unauthorized device or in violation of the Terms.

 

You may be required to register an account and provide login information in connection with your use of certain features of the Sites. If you are permitted to and choose to create an account on a Site, you are the only person authorized to access and use your account. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY IN YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.

 

Any change or update made to your account information, and all other postings, text, images, messages, files, and other materials you post, transmit through, or link to the Sites (collectively, “Your Content”) are your sole responsibility. By uploading, transmitting, or posting Your Content, you grant Grace’s Good Food a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part.

By purchasing any Products or otherwise using the Sites, including but not limited to any performance tracking tools, you further agree that:

 

  • You will not copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code of the Sites, or any ideas, the Products, designs or information available through the Sites or on which the Sites or the Products are based;
  • You will not use any Product obtained through the Sites or any content made available through the Sites in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
  • You will not use the information in the Sites to create or sell a similar service or product as the Products which are made available through the Sites;
  • You will only use the Sites and any Products obtained through the Sites for your personal and sole use;
  • You will not authorize others to use your account;
  • You will not assign or otherwise transfer your account to any other person or legal entity;
  • You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  • You will not use any of Sites for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Sites to cause nuisance, annoyance, or inconvenience;
  • You will not try to harm the Sites in any way whatsoever;
  • You will not copy or distribute the Sites or any Grace’s Good Food content without written permission from Grace’s Good Food;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to any of the Sites;
  • You will provide us with whatever proof of identity we may reasonably request;
  • You will not use or introduce into the Sites any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Sites, servers, or networks connected to the Sites, crack passwords or security encryption codes, or take any other action that interferes with any other person’s use of the Sites; or
  • You will not use any automatic or manual device or process to harvest or compile information from the Sites for any reason.

 

DEACTIVATION OF YOUR ACCOUNT

Grace’s Good Food reserves the right to immediately terminate your access to and use of any of the Sites should you not comply with any of the above rules. We may further modify, suspend, or close your account or otherwise stop providing any Sites in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of any Site or your account. You will not be able to access any information in your account once your access has been suspended or terminated or a Site itself has been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of any site, or termination or suspension of your account. WE DO not export Your Content, your Information, or other data during your use of the sites, or provide Your Content, Information, or other data to you when your account is closed.

PRODUCT ORDER PROCESS

You agree to pay all fees and expenses charged by Grace’s Good Food for all Products that you order through the Sites. You will make all required payments at the prices and upon the terms described in the purchase platform accessible through the Sites, or through any specific payment terms described on the Sites. Unless otherwise agreed, Grace’s Good Food will not accept any order for Products until full payment is received. Grace’s Good Food may need to verify information you provide before accepting an order, and may cancel or limit an order any time after it has been placed. You represent and warrant that you are an authorized signatory of any credit or debit card you provide to Grace’s Good Food, and hereby authorize Grace’s Good Food to charge that credit or debit card to pay any charges related to the purchase of Products or any other fees you owe for use of the Sites or under this Agreement. If payment has already been made and your order is cancelled or limited, we will refund payment in the same payment method as the original purchase for any Products not shipped due to such cancellation or limitation. Grace’s Good Food expressly conditions its acceptance of all Product orders on your acceptance of these Terms.

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and Product details. The risk of loss in any Products you purchase and the responsibility to insure them passes to you when the relevant Products are delivered. Most orders, from Users in good standing, for in-stock Product, are shipped within 5 business days after order and payment are received. Special orders and backorders will require additional time. Actual shipping time is contingent upon availability of Product and credit verification. All orders are shipped from Boulder, Colorado unless otherwise indicated. Grace’s Good Food will not be responsible for shipping delays caused by a carrier.

 

TAXES AND PAYMENT COLLECTION

You are responsible for and shall pay all sales, use, value-added, withholding, personal property or other tax, duty, currency conversion charges, or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or later by any governmental entity in connection with your purchase of any Products. You agree to pay interest at the rate equal to the lesser of 1.5% per month, or the maximum rate allowed by applicable law, on any outstanding balance related to your purchase of any Products, together with costs of collection, including attorneys’ fees and costs. If you fail to pay any amount when due, we may immediately suspend your access to the Sites or your account.

PURCHASE TERMS AND CONDITIONS

You agree that, except as specified below for physically damaged Products or incorrectly-shipped Products, ALL SALES ARE FINAL and Products are NON-REFUNDABLE, NON-RETURNABLE and NON-EXCHANGEABLE (for the safety and health of all customers, Products may not be returned and re-stocked unless they are physically damaged or the wrong Product was shipped).

You agree to use all proprietary literature, Product information and Products you purchase for your own personal benefit, and not transfer any such items to, or duplicate any of them for, any other person (including any commercial, retail, online or public entity).YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR THE COST OF ALL PRODUCTS YOU PURCHASE. YOU FURTHER ACKNOWLEDGE THAT ALL PRODUCTS MUST BE PURCHASED AT THE PRICES LISTED IN THE ONLINE STORE ACCESSIBLE THROUGH THE SITES.

LIMITED REFUNDS WITHIN FIVE DAYS OF RECEIPT  

 

If you receive the wrong Product (based on the selections you made when ordering the Product through the Sites), or if you receive a Product that is physically damaged (such as torn packaging), you may return the Product to Grace’s Good Food for a full refund (“Limited Warranty”). To request a refund within five (5) days following your receipt of the Product, please follow the Return Process described below. Returns will not be accepted for Products that have been modified or tampered with following shipment to purchaser. Grace’s Good Food shall not be liable for defects resulting from Products being stored or used where unsuitable environmental conditions prevail or which have been subject to abnormal degrees of temperature, humidity, light, strain or other treatment. Your failure to provide written notice of a claim, as set forth in these Terms, shall constitute a waiver of any claim you may have for damages resulting from such defects in the Products.

 

PRODUCT RETURN PROCESS

 

In order to obtain a refund based on the Limited Warranty, the original purchaser of the Product must first contact a representative of Grace’s Good Food’s Customer Service to explain the reason for seeking a refund/return. Please contact Grace’s Good Food’s Customer Service at warehouse@gracesgoodfood.com to arrange for the Product to be returned.

 

If the Customer Service representative verifies the Product is covered by the Limited Warranty described above, you will receive a Return Authorization Form which should be completed and e-mailed back.

 

Purchaser should take care when packaging the Product for return shipping in order to avoid the potential for shipment damage. If Products are damaged during the return shipment process due to insufficient packaging, it will be left to Grace’s Good Food’s discretion to determine whether or not the Product is refundable or replaceable.

 

All Return Authorization packages should be shipped to the following address:

 

Grace's Goodness Organics 

3275 Prairie Avenue, Suite B 

Boulder Colorado US 80301

Grace’s Good Food will not accept any packages without the inclusion of an open, valid Return Authorization form. Only the specific Products listed on the Return Authorization form will be accepted. All other items will be returned to the purchaser at the purchaser’s expense. After refund or replacement of the authorized returned Products to purchaser, as applicable, Grace’s Good Food will close the Return Authorization. Purchaser will receive a credit posted to their account for any such return once it is received and checked in by Grace’s Good Food’s warehouse. Please allow 5-7 days for credit posting.

 

 

YOUR INDEMNIFICATION OF GRACE’S GOOD FOOD

By purchasing and using the Products and/or otherwise using the Sites, you agree to defend, indemnify and hold harmless Grace’s Good Food, its officers, members, directors, employees, affiliates, contractors, licensors and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) Your Content; (c) any negligence or willful misconduct by you; or (d) any claims of personal injury suffered by others arising from your use or provision of any Products to others.

 

DISCLAIMER OF WARRANTIES

Health & Product Disclaimer. GRACE’S GOOD FOOD cannot guarantee variances in color or shade of Product or packaging. THE PRODUCTS AND THE INFORMATION AVAILABLE THROUGH THE SITES MAY NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, NUTRITIONAL OR HEALTH ADVICE. YOU UNDERSTAND THAT CIRCUMSTANCES VARY FROM PERSON TO PERSON. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, ALL PRODUCTS PURCHASED OR OTHERWISE OBTAINED FROM GRACE’S GOOD FOOD ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ALL PRODUCTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO USING ANY NEW PRODUCT OR WITH ANY HEALTH-RELATED QUESTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.

Sites Disclaimer. THE SITES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITES IS AT YOUR SOLE RISK. GRACE’S GOOD FOOD DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES GRACE’S GOOD FOOD MAKE ANY WARRANTY AS TO THE ACCURACY OF ANY CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES. GRACE’S GOOD FOOD MAKES NO OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, OR TIMELINESS, IN RELATION TO THE SITES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE SITES OR ANY INFORMATION THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.

LIMITATIONS OF LIABILITY

GRACE’S GOOD FOOD SHALL NOT BE LIABLE FOR ANY WORK PERFORMED BY ANY THIRD PARTY VENDOR REFERRED BY GRACE’S GOOD FOOD, AND HEREBY WAIVES ANY RIGHT TO ASSERT ANY CLAIM AGAINST GRACE’S GOOD FOOD FOR WORK PERFORMED BY ANY OTHER THIRD PARTY OR VENDOR, INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENT REFERRAL, AGENCY, OR RESPONDENT SUPERIOR.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS, THE SITES, SITE-RELATED CONTENT OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS IS TO STOP USING THE PRODUCTS OR TO RETURN THE PRODUCTS IN ACCORDANCE WITH THE LIMITED WARRANTY, IF APPLICABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, ANY SITE CONTENT, OR ANY LINKED WEBSITES IS TO STOP USING THE SITES, SITE CONTENT, OR LINKED WEBSITES.

IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL GRACE’S GOOD FOOD BE LIABLE FOR ANY DAMAGES RELATING TO THE PRODUCTS OR THESE TERMS IN AMOUNT GREATER THAN THE AGGREGATE NET PURCHASE PRICE YOU PAID FOR THE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

INFRINGEMENT

 

If you believe someone is using your copyrighted work without your permission on any of the Sites, you may wish to may contact our Designated Copyright Agent. Notifications of claimed copyright infringement and counter notices should be sent to our Designated Copyright Agent using the contact information provided below.

Grace's Goodness Organics

Attn: Copyright Agent

3275 Prairie Avenue, Suite B
 

Boulder Colorado US 80301

Email: info@gracesgoodness.com

We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:

  1. Your address, telephone number, and email address;
  2.   A description of the copyrighted work that you claim has been infringed;
  3.   A description of where the alleged infringing material is located on the Sites;
  4.   A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  5.   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6.   A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

OUR PROPERTY OWNERSHIP AND TRADEMARKS

 

Grace’s Good Food alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Sites and the Products, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Sites or the Products. You may not remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in the Sites or any Products. Any logo, trademark, service mark, domain name, trade name, photograph, written content, illustrations, video clips and audio clips appearing on or within the Sites or in connection with the Products, whether registered or not, are the property of Grace’s Good Food or their respective owners. You may not use any of these materials without the express written permission of Grace’s Good Food. No material from the Sites, product packaging, or other promotional documentation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading, printing or reproducing and copyrighted material. The use of any such material on any other website or networked computer environment is prohibited.

 

NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEBSITES

 

The Sites may include materials from third parties. In addition, Grace’s Good Food may provide links to certain third-party websites. You acknowledge and agree that Grace’s Good Food is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Grace’s Good Food does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Grace’s Good Food is not in any way responsible for any such use by you. If you click on an advertiser's ad, in the event they are provided, and you are taken to an app or website other than the Sites, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the Site that you left; (iii) loss of links to return to the Sites; and (iv) possible intrusion to your information through the link to the third party app or website.

 

OUR COMMUNICATIONS

 

The e-mail address you provide during the account registration process or Product purchase process will be the e-mail address we will use for all Site-related communications to you. We may also send you messages via your account for the Sites. It is your responsibility to monitor your email and Site accounts and respond in an appropriate manner. Our Sites may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you provide is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.

You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, contact us via the contact information listed below.

 

CHOICE OF LAW AND VENUE

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITES.

 

These Terms are entered into in the State of Colorado, U.S.A., and are governed by the laws of the State of Colorado, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF BOULDER IN THE STATE OF COLORADO, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

 

 

PRIVACY TERMS

 

Your privacy and the security of your personal information are very important to Grace’s Good Food. We want you to be as comfortable as possible visiting and using our website and online services. These Privacy Terms governs the Sites operated by us, and explains how we may collect your personal information on or through the Sites, how we protect such information, and the choices you have concerning the use of such information. Please read these Privacy Terms carefully.

 

Please remember that Privacy Terms apply only to information collected on or through our Sites. We are not responsible for the privacy of information you reveal or post in a public forum (e.g., message board, blog, chat room or social media site).

 

WHAT INFORMATION IS COLLECTED BY THE SITES?

 

Personally Identifiable Information. Personally identifiable information is information that identifies you or can be used to identify or contact you ("Personally Identifiable Information"). Personally Identifiable Information may include, for example, your name, address, email address, telephone number, birth date, and billing and credit card information. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). We may request Personally Identifiable Information from you when you register, subscribe or create an account in connection with some aspect of our Sites, when you provide any payments in connection with any services offered through the Sites (“Services”). In all cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. You do not have to provide us with any Personally Identifiable Information to visit our Sites. However, if you choose to withhold requested information, you may not be able to access all sections or content of the Sites, or to use or receive Services or other offerings or promotions through the Sites.

 

Non-Personally Identifiable Information. When you access or use one or more aspects of our Sites, we also may collect information that, by itself, cannot be used to personally identify or contact you ("Non-Personally Identifiable Information"). For example, Non-Personally Identifiable Information may include demographic information (such as age, profession or gender), or other anonymous statistical data involving the use of our Sites (such as user IP addresses, browser types, domain names, operating systems, ISP domains, search terms used on the Sites, areas of the Sites accessed, and the duration of visits to the Sites). Non-Personally Identifiable Information is used to help us understand who uses our Sites, and to improve and market our Sites. 

 

Information from your Mobile Device. We may also use technologies to provide you with tailored information and features as you use our Sites. When you access our Sites from your Mobile Device, we may obtain information about the type of Mobile Device you are using. We may use this information to notify you of features and products that may be available on your Mobile Device. Certain features may require our collection of the phone number of your Mobile Device. We may link that phone number to the mobile device identification information. In addition, some Mobile Providers in the United States are required to use Sites that tracks the physical location of Mobile Devices that use their service. Depending on your Mobile Provider and Mobile Device, we may automatically receive this information. If we begin to offer services that use this tracking (“pinpointing”) information, we will obtain your consent (an opt-in) before using the information. AFTER OBTAINING SUCH CONSENT, WE MAY USE AND STORE THIS INFORMATION TO PROVIDE LOCATION-BASED SERVICES, INCLUDING LOCATION-TARGETED ADVERTISING. BY ACCESSING THE SITES THROUGH YOUR MOBILE DEVICE, YOU ARE EXPRESSLY CONSENTING TO OUR COLLECTION OF SUCH INFORMATION AND ARE PROVIDING US WITH YOUR PRIOR WRITTEN CONSENT TO RECEIVE TEXT MESSAGES AND ELECTRONIC EMAIL TO YOUR MOBILE DEVICE.

 

Most mobile devices provide users with the ability to disable location services. These controls are usually located in the mobile device's settings menu. If you have questions about how to disable your mobile device's location services, we recommend you contact your Mobile Provider or your mobile device manufacturer.

 

Information from Other Sources. We may also supplement the information we collect through the Sites with information from other sources to assist us in evaluating and improving our Sites and/or to determine your preferences so that we can tailor our Sites to your needs.

 

HOW IS INFORMATION ABOUT YOU COLLECTED?

A few of the methods that may be used to collect information about you (including Personally Identifiable Information) include, without limitation, the following (and subsequent Sites and methods hereafter developed):

Becoming a Registered User and Purchasing Products. You may be required to become a registered user in order to access certain portions of our Sites, such as to create a profile, purchase Products, or take advantage of special offers. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, address, professional qualifications, phone number, email address, and credit card and billing information.

Email Communications. If you send us an email with questions or comments, we may use your Personally Identifiable Information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, credit card information, social security numbers, or bank account information, to us by email. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. We reserve the right to send you transactional emails such as customer service communications.

 

Internet Log Files. We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Sites. This information may be used to analyze trends, to administer the Sites, to monitor use of our Sites, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes, such as personalizing your experience on our Sites and evaluating our Sites and promotions in general. 

Cookies. "Cookies" are small text files or other similar files placed and stored on the hard drive of a computer, mobile or other device when it is used to access the Sites. Cookies may be used for many purposes, including, but not limited to, remembering you and your preferences and tracking your visits to our website. We may analyze the information derived from cookies and other technological tools we employ (such as clear gifs/web beacons) and match this information with data provided by you or another party. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests). If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. If you choose to disable cookies on your computer, mobile or other device, some features of the Sites may not function properly or may not be able to customize the delivery of information to you.

Web Beacons. “Web beacons” are small graphic images or other web programming code that may be included in our website pages. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of our website pages. Unlike cookies, which are typically stored on your computer or mobile device’s hard drive, web beacons are embedded invisibly on web pages. Web beacons or similar technologies help us better manage content on our website and other Sites.

Embedded Scripts.  An “embedded script” is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your computer, mobile or other device from our server or a third party service provider.

Web Traffic and Web Performance Analytics. We may also collect information using a variety of reports from web traffic and web performance analytics companies to improve our Sites. This information allows us to better understand users of the Sites, and to customize the Sites while also tracking our success at reaching new audiences. These Privacy Terms do not govern the ability of any third party analytics company to use and share information collected by such company.

IP Addresses. An IP address is a number that is assigned to your computer, mobile or other computing device whenever you are surfing the Internet. Web servers (computers that "serve up" web pages) automatically identify your computer or other computing device by its IP address. When users request pages from our website, our servers may log their IP addresses.

HOW IS YOUR INFORMATION USED?

 

In general, we use the information collected on and through our Sites to help us understand who uses our Sites and how it is used, to personalize your experience, to assist you in using our Sites, to improve our Sites, and for billing purposes.

 

If you become a registered user or purchase Products through our Sites, we may use your information to send you a welcome email or purchase confirmation email that may confirm your user name and password. Unless you “opt out,” we also may send you electronic newsletters, contact you about our Products, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding our Sites or about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of our Sites. 

 

In addition, if you become a registered user we may use your information to contact you by postal mail or text message about our Services, information and news that may be of interest to you, unless you notify us that you no longer desire to receive these communications. 

 

We may also use the information gathered on and through our Sites to perform statistical analysis of user behavior or to evaluate and improve our Sites. We may link some of this information to Personally Identifiable Information for internal purposes only. 

 

WHEN IS INFORMATION DISCLOSED TO THIRD PARTIES?

 

Except as set forth below and elsewhere in these Privacy Terms, or as specifically agreed to by you, we will not disclose any information we gather from you on our Sites. 

 

Affiliates. We may disclose information (including Personally Identifiable Information) about you to our Affiliates. For purposes of these Privacy Terms, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with Grace’s Good Food, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of these Privacy Terms. 

 

Laws and Legal Rights. We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with laws or regulations, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms, or to protect the safety or security of our users, our Sites or the general public. 

 

Third Parties and Advertisers. We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Sites. For example, we might inform third parties regarding the number of unique users who visit our Sites, the demographic breakdown of the registered users of our Sites, or the activities that visitors to our Sites engage in while on our Sites. The third parties to which we may provide this information may include independent providers of Services, potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.  We also may allow advertisers (“Advertisers”) to choose the users who will see their advertisements or promotional offers. You agree that we may provide any Non-Personally Identifiable Information we have collected from you to an Advertiser, so that Advertiser may select the appropriate audience for advertisements or offers. For example, we might use the fact you are located in Denver to show you ads or offers for Denver businesses, but we will not tell such businesses who you are.

 

In addition, if you have not opted out of our targeted advertising, you agree that we may share your personal information with Advertisers in order to deliver specific targeted advertising or offers to you (“Targeted Advertising”). If we enable Targeted Advertising for our users by default, you will be able to opt out of Targeted Advertising at any time by changing your personal settings. You may see certain ads on other websites if we participate in advertising networks administered by third parties. These networks track your online activities over time by collecting information through automated means, including through the use of the automated technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Sites, such as the pages you have viewed. This collection may take place both on our Sites and on third-party websites that participate in the relevant ad network, such as websites that feature advertisements delivered by the ad network. If you want to prevent third parties from delivering tailored advertising, visit the Network Advertising Initiative Consumer Opt-Out Page, and the Digital Advertising Alliance Opt-out Page.

 

Outside Contractors. We may employ independent contractors and vendors (collectively, "Outside Contractors") to provide specific services and Products related to our Sites, such as hosting and maintaining our Sites, providing credit card processing and fraud screening, and developing applications for our Sites and e-mail services. These Outside Contractors may sometimes have limited access to information collected on our Sites, including your Personally Identifiable Information, in the course of providing products or services to us. Access to your Personally Identifiable Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors (i) protect the privacy of your Personally Identifiable Information consistent with these Privacy Terms, and (ii) not use or disclose your Personally Identifiable Information for any purpose other than providing us with products or services for which we contracted. 

 

Sale of Business. We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of our assets, provided that the third party agrees to adhere to these Privacy Terms. We will notify users of any such transfer through notice on our Sites and/or through email. 

 

YOUR CALIFORNIA PRIVACY RIGHTS

 

California Civil Code Section 1798.83 permits users that are residents of California to request the following information regarding our disclosure of your Personally Identifiable Information to third parties for those third parties’ direct marketing purposes: (i) a list of certain categories of Personally Identifiable Information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year, (ii) the identity of certain third parties that received Personally Identifiable Information from us for their direct marketing purposes during that calendar year, and (iii) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please email or write us at the contact information listed below.

 

HOW TO DELETE INFORMATION ABOUT YOU

 

Whether or not you provide Personally Identifiable Information is completely your own choice. You are not obligated to answer any question that is presented to you on or through our Sites. You may opt-out from receiving future promotional information from us or our Affiliates, or direct that we not share your information with any Affiliates, as set forth below. Whether or not you opt-out is your choice; however, in many instances this type of information is required to participate in a particular activity, realize a benefit we may offer, or gain access to certain content, services, or offers on our Sites.

 

IS THE COLLECTED INFORMATION SECURE?

 

We want your information (including Personally Identifiable Information) to remain as secure as possible. We strive to provide secure transmission of your information through industry-standard techniques. Nevertheless, you should be aware that there is always some risk involved in transmitting information over the Internet. No method of transmission over the Internet is 100% secure. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

 

USER-GENERATED CONTENT AND PUBLIC FORUMS

 

The Sites may offer publicly accessible profiles pages, blogs or community forums or other ways to permit you to submit User Content. We or others may reproduce, publish, edit, delete, distribute or otherwise use User Content online or offline in any media or format. Others may have access to this User Content and may have the ability to share it with third parties across the Internet. You should be aware that any User Content you provide in these areas may be read, collected, and use by others. Thus, please think carefully before deciding what information you share, including Personally Identifiable Information, in connection with your User Content. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the accuracy, use or misuse of any User Content or information that you disclose or receive. To request removal of your User Content from our Sites, contact us as set forth below. In some cases, we may not be able to remove your User Content, in which case we will let you know if we are unable to do so and why.

 

NATURE OF YOUR INFORMATION

 

We do not want to receive confidential or proprietary information from you through our Sites or otherwise. Please note that any information or material sent to us will be deemed NOT to be confidential, except your Personally Identifiable Information. By sending us any information or material, including User Content, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, edit, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of these Sites will be published or otherwise used with your name on it; or (c) we are required to do so by law.

 

NO CHILDREN

 

We are committed to protecting the privacy of children. The Sites are not designed for or directed to children under the age of 13. We do not collect Personally Identifiable Information on or through or Sites from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children’s exploration of the Internet, and to teach their children about protecting their Personally Identifiable Information while online. If you use the Sites, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.

 

CONTACT, ACCESS, AND OPT-OUT INFORMATION

 

You may contact us as at the following contact information if: (a) you have questions or comments about these Terms; (b) wish to make corrections to any Personally Identifiable Information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our Affiliates; or (d) wish to withdraw your consent to sharing your Personally Identifiable Information with others. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Grace's Goodness Organics

3275 Prairie Avenue, Suite B 

Boulder Colorado US 80301

Email: info@gracesgoodness.com

We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Sites.

USERS FROM OUTSIDE THE UNITED STATES

 

The Sites are hosted in the United States and are governed by United States law. If you are using the Sites from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Sites, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in these Terms. In addition, information that we publish on the Internet may contain references or cross references to our Products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.

SOLE STATEMENT

Except as expressly stated elsewhere in these Terms, these Terms constitute the entire agreement between Grace’s Good Food and you pertaining to the subject matter described in these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

USE OF OUR SITES AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF OUR SITES INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THE SITE.

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