Terms of Use

Last Updated: January 02, 2018

Purpose of Policy

 

This is a binding agreement. By using the Internet site located at

www.Goodbitesgroup.com (the “Site”) or any services provided in connection with

the Site (the “Service”), you agree to abide by these Terms of Use, as they may be

amended by Good Bites, LLC, a California limited liability company (the “Company”)

from time to time in its sole and absolute discretion. The Company may modify these

Terms of Use from time to time in its sole and absolute discretion and without the

duty to notify you of such modification. It is your responsibility to review these Terms

of Use periodically, and if at any time you find these Terms of Use unacceptable, you

must immediately leave the Site and cease all use of the Service and the Site.

You Agree That By Using The Service You Represent That You Are At Least 21

Years Old And That You Are Legally Able To Enter Into This Agreement.

 

California Use Only

The Site is controlled and operated by the Company from its offices in the State of

California. The Company makes no representation that any of the materials or the

Services to which you have been given access are available or appropriate for use in

other locations. Your use of or access to the Site should not be construed as

Company’s purposefully availing itself of the benefits or privilege of doing business in

any state or jurisdiction other than California.

 

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your

personal information. A complete statement of the Company’s current privacy

policy can be found by clicking here . The Company’s privacy policy is expressly

incorporated into this Agreement by this reference.

 

Account Information

When you are required to open an account to use or access the Site or Service, you

must complete the registration process by providing the complete and accurate

information requested on the registration form. You may also be asked to provide a

user name and password.

You are entirely responsible for maintaining the confidentiality of your password. You

may not use the account, username, or password of someone else at any time. You

agree to notify the Company immediately of any unauthorized use of your account,

user name, or password.

The Company shall not be liable for any loss that you incur as a result of someone

else using your password, either with or without your knowledge. You may be held

liable for any losses incurred by the Company, its affiliates, officers, directors,

employees, consultants, agents, and representatives due to someone else’s use of

your account or password.

 

User Content

You grant the Company a license to use the materials you post to the Site or

Service. By posting, downloading, displaying, performing, transmitting, or otherwise

distributing information or other content (“User Content”) to the Site or Service, you

are granting the Company, its affiliates, subsidiaries, parents, officers, directors,

employees, consultants, agents, and representatives a license to use User Content

in connection with the operation of the Site, its affiliates, subsidiaries, parents,

officers, directors, employees, consultants, agents, and representatives, including

without limitation, a right to copy, distribute, transmit, publicly display, publicly

perform, reproduce, edit, translate, and reformat User Content.

You will not be compensated for any User Content. You agree that the Company

may publish or otherwise disclose your name in connection with your User Content

in its sole and absolute discretion. By posting User Content on the Site or Service,

you warrant and represent that you own the rights to the User Content or are

otherwise authorized to post, distribute, display, perform, transmit, or otherwise

distribute User Content.

The Company has the right but not the obligation to monitor and edit or remove any

activity or content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey by the law and to

respect the intellectual property rights of others. Your use of the Service and the Site

is at all times governed by and subject to laws regarding copyright ownership and

use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise

distribute any information or content (collectively, “Content”) in violation of any third

party’s copyrights, trademarks, or other intellectual property or proprietary rights. You

agree to abide by all laws regarding copyright ownership and the use of intellectual

property, and you shall be solely responsible for and indemnify the Company against

and damages resulting from, any violations of any relevant laws and for any

infringements of third party rights caused by any Content you provide or transmit, or

that is provided or transmitted using your login information. The burden of proving

that any Content does not violate any laws or third party rights rests solely with you.

 

Copyright Infringement

The Company has in place certain legally mandated procedures regarding

allegations of copyright infringement occurring on the Site or with the Service. The

Company has adopted a policy that provides for the immediate suspension and/or

termination of any Site or Service user who is found to have infringed on the rights of

the Company or of a third party, or otherwise violated any intellectual property laws

or regulations.

The Company’s policy is to investigate any allegations of copyright infringement

brought to its attention. If you have evidence, know, or have a good faith belief that

your rights or the rights of a third party have been violated and you want the

Company to delete, edit, or disable the material in question, you must provide the

Company with all of the following information: (a) a physical or electronic signature of

a person authorized to act on behalf of the owner of the exclusive right that is

allegedly infringed; (b) identification of the copyrighted work claimed to have been

infringed, or, if multiple copyrighted works are covered by a single notification, a

representative list of such works; (c) identification of the material that is claimed to be

infringed or to be the subject of infringing activity and that is to be removed or access

to which is to be disabled, and information reasonably sufficient to permit the

Company to locate the material; (d) information reasonably sufficient to permit the

Company to contact you, such as an address, telephone number, and if available, an

electronic mail address at which you may be contacted; (e) a statement that you

have a good faith belief that use of the material in the manner complained of is not

authorized by the copyright owner, its agent, or the law; and (f) a statement that the

information in the notification is accurate, and under penalty of perjury, that you are

authorized to act on behalf of the owner of an exclusive right that is allegedly

infringed. For this notification to be effective, you must provide it to Company’s

designated agent at:

Good Bites, LLC

Attn: Website Administrator

615 Hampton Drive

Venice, California 90290

Email: Goodbitesgroup.com

 

Violations

The Company reserves the right to terminate your use of the Service and/or the Site

in its sole and absolute discretion. To ensure that the Company provides a

high-quality experience for you and for other users of the Site and the Service, you

agree that the Company or its representatives may access your account and records

on a case-by-case basis to investigate complaints or allegations of abuse,

infringement of third party rights, or other unauthorized uses of the Site or the

Service. The Company does not intend to disclose the existence or occurrence of

such an investigation unless required by law, but the Company reserves the right to

terminate your account or your access to the Site immediately, with or without notice

to you, and without liability to you, if the Company believes that you have violated

any of the Terms of Use, furnished by the Company with false or misleading

information, or interfered with use of the Site or the Service by others.

No Warranties

The Company hereby disclaims all warranties. The Company is making the site

available “as is” without warranty of any kind. You assume the risk of any and all

damage or loss from use of, or inability to use, the site or the service. To the

maximum extent permitted by law, the company expressly disclaims any and all

warranties, express or implied, regarding the site, including, but not limited to, any

implied warranties of merchantability, fitness for a particular purpose, or

noninfringement. The company does not warrant that the site or the service will meet

your requirements or that the operation of the site or the service will be uninterrupted

or error-free.

 

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in

no event shall the Company be liable for damages of any kind (including, but not

limited to, special, incidental, or consequential damages, lost profits, or lost data,

regardless of the foreseeability of those damages) arising out of or in connection with

your use of the site or any other materials or services provided to you by the

company. This limitation shall apply regardless of whether the damages arise out of

breach of contract, tort, or any other legal theory or form of action.

 

Affiliated Sites

The Company has no control over, and no liability for any third party websites or

materials. The Company works with a number of partners and affiliates whose

Internet sites may be linked with the Site. Because neither the Company nor the Site

has control over the content and performance of these partner and affiliate sites, the

Company makes no guarantees about the accuracy, currency, content, or quality of

the information provided by such sites, and the Company assumes no responsibility

for unintended, objectionable, inaccurate, misleading, or unlawful content that may

reside on those sites. Similarly, from time to time in connection with your use of the

Site, you may have access to content items (including, but not limited to, websites)

that are owned by third parties. You acknowledge and agree that the Company

makes no guarantees about, and assumes no responsibility for, the accuracy,

currency, content, or quality of this third party content, and that, unless expressly

provided otherwise, these Terms of Use shall govern your use of any and all third

party content.

 

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and

the Service. You are prohibited from violating or attempting to violate any security

features of the Site or Service, including, without limitation, (a) accessing content or

data not intended for you, or logging onto a server or account that you are not

authorized to access; (b) attempting to probe, scan, or test the vulnerability of the

Service, the Site, or any associated system or network, or to breach security or

authentication measures without proper authorization; (c) interfering or attempting to

interfere with service to any user, host, or network, including, without limitation, by

means of submitting a virus to the Site or Service, overloading, “flooding,”

“spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send

unsolicited e-mail, including, without limitation, promotions, or advertisements for

products or services; (e) forging any TCP/IP packet header or any part of the header

information in any e-mail or in any posting using the Service; or (f) attempting to

modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to

reduce to a human-perceivable form any of the source code used by Company in

providing the Site or Service. Any violation of system or network security may subject

you to civil and/or criminal liability.

 

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and

omissions. You agree to indemnify, defend (with counsel approved by the

Company), and hold harmless the Company, its affiliates, officers, directors,

employees, consultants, agents, and representatives from any and all third party

claims, losses, liability, damages, and/or costs (including reasonable attorney fees

and costs) arising from your access to or use of the Site, your violation of these

Terms of Use, or your infringement, or infringement by any other user of your

account, of any intellectual property or other right of any person or entity. The

Company will notify you promptly of any such claim, loss, liability, or demand;

provided, that the Company’s failure to notify you shall in no way eliminate or

otherwise modify the Company’s rights to indemnification hereunder.

 

Copyright

All contents of Site or Service are: Copyright © 2018 Good Bites, LLC, 615

Hampton Drive, Venice, California. All rights reserved.

 

Trademarks

All trademarks, service marks, and trade names of the Company used on the Site or

Service are trademarks or registered trademarks of the Company.

 

Governing Law/arbitration

These Terms of Use shall be construed in accordance with and governed by the

laws of the United States and the State of California, without reference to their rules

regarding conflicts of law. Except for disputes brought in small claims court, all

disputes between you and the Company arising out of, relating to, or in connection

with the Site or Services shall be determined by arbitration in the County and City of

Los Angeles, California before one arbitrator. The arbitration shall be administered

by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.

Judgment on the award may be entered in any court having jurisdiction. If this

arbitration provision is found unenforceable or to not apply for a given dispute, then

the proceeding must be brought exclusively in a court of competent jurisdiction in the

County and City of Los Angeles, California. You hereby accept the exclusive

jurisdiction of such court for this purpose.

 

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted

only on an individual basis and not in a class or representative action or as a named

or unnamed member in a class, consolidated, representative or private attorney

general legal action.

Your access and continued use of the site signifies your explicit consent to this

waiver.

 

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition

in these Terms of Use to be unenforceable, all other terms and conditions will remain

unaffected and in full force and effect. No waiver of any breach of any provision of

these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent

breach of the same or any other provisions hereof, and no waiver shall be effective

unless made in writing and signed by an authorized representative of the waiving

party.

 

No License

Nothing contained on the Site should be understood as granting you a license to use

any of the trademarks, service marks, or logos owned by the Company or by any

third party.

 

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise

these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the

Site and/or Service at any time or from time to time. The Company shall post any

revision to these Terms of Use to the Site, and the revision shall be effective

immediately on such posting. You agree to review these Terms of Use and other

online policies posted on the Site periodically to be aware of any revisions. You

agree that, by continuing to use or access the Site following notice of any revision,

you shall abide by any such revision.

 

Acknowledgement

By using the service or accessing the site, you acknowledge that you have read

these terms of use and agree to be bound by them.