Thanks for choosing The Conscious Good (“The Conscious Good”, “we”, “us”, “our”). By signing up or otherwise using the Conscious Good service, websites, and software applications (together, the “The Conscious Good Service” or “Service”), or accessing any content or material that is made available by The Conscious Good through the Service (the “Content”) you are entering into a binding contract with the Conscious Good, LLC, a Colorado limited liability company.
Please read the Agreements carefully. They cover important information about The Conscious Good Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Conscious Good Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to The Conscious Good is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreement
We may make changes to the Agreements from time to time. When we make material changes to the Agreements, we will provide notice of such changes as appropriate under the circumstances, e.g., by displaying a prominent notice on our website or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us.
3. Our Services
3.1 Services and Paid Subscriptions
The Conscious Good provides streaming services offering a selection of videos, films, music and other content. Some of our services are provided to you free-of-charge. Other Conscious Good services require payment before you can access them. The Conscious Good services that may be accessed after payment are currently referred to as the “Paid Subscriptions”. The Conscious Good service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
3.2 Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of The Conscious Good for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). The Conscious Good reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE
APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR THE CONSCIOUS GOOD ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR CONSCIOUS GOOD ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR CONSCIOUS GOOD ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR CONSCIOUS GOOD ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE CONSCIOUS GOOD WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
4. Grant of Your Rights
The Conscious Good Service and the Content are the property of The Conscious Good or The Conscious Good’s licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Conscious Good Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or The Conscious Good. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Conscious Good Service or the Content.
The Conscious Good software applications and the Content are licensed, not sold, to you, and The Conscious Good and its licensors retain ownership of all copies of the Conscious Good software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All The Conscious Good trademarks, service marks, trade names, logos, domain names, and any other features of the Conscious Good brand (“The Conscious Good Brand Features”) are the sole property of The Conscious Good or its licensors. The Agreements do not grant you any rights to use any The Conscious Good Brand Features whether for commercial or non-commercial use.
You agree that you will not use The Conscious Good Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, The Conscious Good grants no right, title, or interest to you in the Conscious Good Service or Content.
Third party software included in the Conscious Good Service are licensed to you under the Agreements.
5. Third-Party Applications
The Conscious Good Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that The Conscious Good does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6. User-Generated Content
The Conscious Good users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Conscious Good Community as well as any other part of the Conscious Good Service.
You promise that, with respect to any User Content you post on The Conscious Good, (1) you have the right to post such User Content, and (2) such User Content, or its use by The Conscious Good as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by The Conscious Good or any artist, band, label, entity or individual without express written consent from such individual or entity.
The Conscious Good may, but has no obligation to, monitor, review, or edit User Content. In all cases, The Conscious Good reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in The Conscious
Good’s sole discretion, violates the Agreements. The Conscious Good may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. The Conscious Good is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE CONSCIOUS GOOD RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE CONSCIOUS GOOD HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7. Rights Granted to The Conscious Good
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Conscious Good Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Conscious Good Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to The Conscious Good (e.g. podcasts) may contain advertising as part of the Content. In such cases, The Conscious Good will make such Content available to you unmodified.
If you provide comments, ideas or suggestions to The Conscious Good in connection with the Conscious Good Service or Content (“Comments”), you acknowledge that the Comments are not confidential and you authorize The Conscious Good to use those Comments without restriction and without payment to you. Comments are considered a type of User Content.
You grant The Conscious Good a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or
hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Comments, and your right to object to derogatory treatment of such User Content.
8. User Guidelines
The Conscious Good respects intellectual property rights and expects you to do the same. The following are ground rules for using the Service, to ensure that intellectual property rights are protected.
The following is not permitted:
- Copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Conscious Good Service or the Content, or otherwise making any use of the Conscious Good Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Conscious Good Service or the Content or any part of it;
- using the Conscious Good Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Conscious Good Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by The Conscious Good, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Conscious Good Service or the Content;
- circumventing any territorial restrictions applied by The Conscious Good or it licensors;
- artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Conscious Good Service (including for the
- purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to another person or using another person’s username and password; or
- “crawling” the Conscious Good Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from The Conscious Good.
You may not engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of The Conscious Good or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Conscious Good inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by The Conscious Good;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by The Conscious Good;
- interferes with or in any way disrupts the Conscious Good Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or The Conscious Good’s computer systems, network, usage rules, or any of The Conscious Good’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by The Conscious Good, in its sole discretion.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your The Conscious Good account. You also agree that The Conscious Good may also reclaim your username for any reason.
The Conscious Good Service includes interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on The Conscious Good or across the web, so please use The Conscious Good carefully and be mindful of your account settings. The Conscious Good has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Infringement Procedures
The Conscious Good respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see The Conscious Good’s copyright policy. If The Conscious Good is notified by a copyright holder that any Content infringes a copyright, The Conscious Good may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to The Conscious Good with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please fill out our notice form.
10. Service Limitations; Modifications
The Conscious Good will make reasonable efforts to keep the Conscious Good Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, The
Conscious Good reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Conscious Good Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Conscious Good Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that The Conscious Good permanently discontinues prior to the end of the Pre-Paid Period, the Conscious Good will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that The Conscious Good has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. The Conscious Good and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11. The Conscious Good Community
The Conscious Good Support Community is a place for discussions and exchange of information, tips, and other materials related to the Conscious Good Service. In order to use the Conscious Good Support Community, you must (1) have an existing The Conscious Good Community account; and (2) authenticate your Conscious Good account for use on the Community (a “The Conscious Good Community Account”). Instructions for creating a The Conscious Good Community Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the Conscious Good Community Guidelines that you will be presented with upon registration (the “Community Guidelines”) when using the Conscious Good Community. If you do not agree to the Agreements or the Community Guidelines, you may not use the Conscious Good Community.
11.1 Community Accounts
By creating a The Conscious Good Community Account, you confirm that any registration information that you submit to The Conscious Good is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a The Conscious Good employee or moderator or to otherwise pose as such an employee or moderator when using the Conscious Good Community. You also acknowledge and agree that The Conscious Good may remove or reclaim your username at any time if The Conscious Good in its absolute discretion considers such action appropriate.
11.2 No official support
No User Content or other content posted by The Conscious Good employees, moderators and/or representatives on the Conscious Good Community should be construed as official support provided by The Conscious Good. Any content provided or made available to you on the Conscious Good Community by The Conscious Good employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the Conscious Good Community are those of contributors of such User Content only and do not reflect the opinions or policies of The Conscious Good or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
13. Customer support
For customer support with account-related and payment-related questions (“Customer Support Questions”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will make reasonable efforts to respond to all Customer Support Questions within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Questions will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
14. Export control
The Conscious Good’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from The Conscious Good
under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
15. Payments: cancellations
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Conscious Good Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription or Trial online, you consent to get access to The Conscious Good Service. If you reside outside the United States and register for a Paid Subscription online, you may change your mind for any or no reason and cancel your Paid Subscription and receive a full refund of all monies paid within ten (10) business days (“Refund Period”). Refunds will not, however, be provided if you have accessed The Conscious Good at any time during the Refund Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to The Conscious Good (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed The Conscious Good during the Refund Period, or (2) after the Refund Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
If you wish to receive a full refund of all monies paid before the Refund Period is over, you must contact Customer Support.
The Conscious Good may change the price for the Paid Subscriptions or Pre-Paid Period (for periods not yet paid for), from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid
Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Conscious Good Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Conscious Good Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
16. Term and termination
The Agreements will continue to apply to you until terminated by either you or The Conscious Good. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. The Conscious Good may terminate the Agreements or suspend your access to the Conscious Good Service at any time, including in the event of your actual or suspected unauthorized use of the Conscious Good Service and/or Content, or non-compliance with the Agreements. If you or The Conscious Good terminate the Agreements, or if The Conscious Good suspends your access to the Conscious Good Service, you agree that The Conscious Good shall have no liability or responsibility to you and The Conscious Good will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Conscious Good account, please contact us through the Customer Service contact form which is available on our Contact Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
All sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
17. Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE CONSCIOUS GOOD SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE CONSCIOUS GOOD SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONSCIOUS GOOD AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE CONSCIOUS GOOD NOR ANY OWNER OF CONTENT
WARRANTS THAT THE CONSCIOUS GOOD SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE CONSCIOUS GOOD MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE CONSCIOUS GOOD SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT THE CONSCIOUS GOOD IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE CONSCIOUS GOOD SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THE CONSCIOUS GOOD SHALL CREATE ANY WARRANTY ON BEHALF OF THE CONSCIOUS GOOD IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CONSCIOUS GOOD SERVICE IS TO UNINSTALL ANY THE CONSCIOUS GOOD SOFTWARE AND TO STOP USING THE CONSCIOUS GOOD SERVICE. WHILE THE CONSCIOUS GOOD ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE CONSCIOUS GOOD, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CONSCIOUS GOOD, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
(2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CONSCIOUS GOOD SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE CONSCIOUS GOOD HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CONSCIOUS GOOD SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE CONSCIOUS GOOD DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits The Conscious Good’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
19. Third party rights
You acknowledge and agree that the owners of the Content are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and The Conscious Good, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
20. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and The Conscious Good, the Agreements constitute all the terms and conditions agreed upon between you and The Conscious Good and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Conscious Good Service may be governed by additional agreements. That could include, for example, access to the Conscious Good Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on The Conscious Good’s website. To the extent that there is any
irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
21. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by The Conscious Good or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive The Conscious Good’s or the applicable third party beneficiary’s right to do so.
The Conscious Good may assign the Agreements or any part of them, and The Conscious Good may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold The Conscious Good harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Conscious Good Service; and (4) your violation of any law or the rights of a third party.
24. Governing Law; Venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Colorado without regard to choice or conflicts of law principles.
25. Contact us
If you have any questions concerning the Conscious Good Service or the Agreements, please contact The Conscious Good customer service by visiting the Contact Us section of our website.
The Conscious Good, LLC
1630 A 30th Street, Suite 465
Boulder, CO 80301 USA
© The Conscious Good 2016.