Terms of Use

PLEASE NOTE THAT 3Good LLC’S MOBILE APPLICATION AND WEBSITE TERMS OF USE HAVE CHANGED EFFECTIVE August 19, 2015.

  1. Introduction. These Terms of Use apply to all websites and mobile applications controlled by 3Good LLC and/or its subsidiary and affiliated entities (“3Good”). “Websites” include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)), mobile application(s), mobile software, mobile services, and other interactive features, applications, or downloads that are operated by 3Good and that are available through, or interact with, the Websites where these Terms of Use are posted. By using downloading, or accessing the Websites, by computer, through a mobile phone, other wireless, or Internet enabled device, through a mobile application, or otherwise, you agree to the following terms and conditions.

    You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Websites, the materials and information available, and the possibility of publication or publicity of your User Content. In addition to these Terms of Use, 3Good has established a Privacy Policy to explain how user information is collected and used by 3Good. A copy of this Privacy Policy can be found here: . The Privacy Policy is incorporated by reference into these Terms of Use. These Terms of Use apply to 3Good’s various mobile applications and services, including “Happnin” and TalkShop.

    You must be at least 18 years old to have 3Good’s permission to use the Websites.

    THE WEBSITES AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE WEBSITES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF USE GRANT 3GOOD CERTAIN RIGHTS AND LICENSES, PROVIDE 3Good CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT 3GOOD'S LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THE WEBSITES AND DO NOT PURCHASE PRODUCTS OR USE THE SERVICES AVAILABLE ON THE WEBSITES.

  2. Access and Use. Access to the Websites is provided for your personal use or for the use of your business. When using the Websites, you agree to comply with all applicable federal, state, and local laws, regulations, statutes, and the like. The Websites are protected by federal and state copyright and trademark laws. No portion of the materials on the Websites may be reprinted, copied, republished, modified, used to create derivative works, publically displayed, published, transmitted, distributed, or otherwise exploited in any form without the express written permission of 3Good and/or the respective owner of any third party content. You shall keep intact and not remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the Websites and shall comply with any applicable end user license agreements. Additionally, you may not:

    1. disable or otherwise interfere with the Websites’ security-related features;
    2. collect or harvest any personally identifiable information from the Websites (e.g., user names, passwords, mail addresses);
    3. solicit other users to join or become members of any commercial service or organization without 3Good’s prior written approval;
    4. attempt to or interfere with, impair, or disable the proper working of the Websites;
    5. decompile, reverse engineer, disassemble, or modify any website source or object code, software, other products, services, or processes accessible through any portion of the Websites;
    6. make and/or distribute copies of the Websites;
    7. use network-monitoring software;
    8. engage in or encourage conduct that violates any local, state, or federal law or impersonate another user, person, or entity;
    9. post unlawful, threatening, harassing, false, inaccurate, misleading, defamatory, libelous, vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable content;
    10. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
    11. use the Website Content in a manner that suggests an association with any of 3Good’s products, services, or brands; or
    12. engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites.

    If 3Good believes you are abusing the Websites in any way, 3Good may, in 3Good’s sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Websites, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using the Websites.

    3Good reserves the right to amend or withdraw the Websites, or charge for the application or service provided to you in accordance with these Terms of Use, at any time and for any reason.

  3. Intellectual Property Notice. Unless otherwise explicitly specified, the Websites and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of the Websites, and any and all copyrightable material (including source and object code) (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by 3Good, 3Good’s licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the Websites are owned by 3Good, 3Good’s licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Websites or any Website Content. Any rights or remedies not expressly granted in these Terms of Use are expressly reserved by 3Good.

  4. Confidential and Proprietary Information. 3Good does not want to receive confidential or proprietary information from you through the Websites. Please note that any information or material sent to 3Good through the Websites will be deemed NOT confidential. By sending 3Good any information or material, you grant 3Good an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that 3Good is free to use any ideas, concepts, know-how, or techniques that you send 3Good for any purpose.

  5. User Content. 3Good may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on the Websites messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, details, content, posts, and/or other materials (“User Content”).

    By posting content to the Websites, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Use. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.

    You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, or addresses; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; (viii) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or (ix) violates these Terms of Use.

    By posting your User Content using the Websites, you are granting an unrestricted, unlimited, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed by 3Good. You also grant other users permission to access your User Content and to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Websites and these Terms of Use. You agree that your User Content will be treated as non-confidential and non-proprietary as discussed above.

    By submitting User Content, you also grant 3Good the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the User Content have been waived.

    You should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to 3Good. 3Good cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

    3Good has the right, but not the obligation, to monitor User Content. 3Good has no obligation to post, maintain, accept, display, exploit, or otherwise make use of User Content and does not guarantee distribution of User Content. User Content will not be returned and you will not have the right, once posted, to access, archive, maintain, or otherwise use such User Content on the Websites. 3Good may discontinue operation of the Websites or your use of the Websites, in either case in whole or in part, in 3Good’s sole discretion. 3Good may, in 3Good’s sole discretion, delete, move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice or liability; provided, however, that 3Good reserves the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which 3Good will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.

  6. User Registration. In order to access or use some (or potentially all) of the features of the Websites, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your computer or mobile phone so that others may not access any password protected portion of the Websites using your username in whole or in part. If you register with 3Good, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify 3Good immediately at support@3good.co of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to support@3good.co. By creating a Membership, you agree that 3Good may send you information or contact you as part of the normal business operation of your use of the Websites. 3Good reserves the right to terminate your account or otherwise deny you access to the Websites in 3Good’s sole discretion for any or no reason without notice and without liability.

  7. Mobile. The Websites may include certain features and services that may be available via your mobile phone. If you are accessing the Websites from a mobile device using a mobile application (“Application”), the following terms and conditions apply to you in addition to the other terms and conditions to these Terms of Use.

    You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the Websites. If you download the Application, 3Good may require you to update the version of the Application from time to time in order to continue to use the Application.

    3Good owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter 3Good’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.

    3Good grants you a limited right to install and use the Application on a single authorized device located in the United States and its territories. The Application may not be downloaded to or exported or re-exported to any embargoed country or to any prohibited country, person, end-user, or entity specified by federal or state laws.

    These Terms of Use are an agreement between you and 3Good, and not with the mobile device the Application is installed on. You agree to also comply with the terms and conditions that apply to you based on the mobile device the Application is installed on (e.g., iOS/Apple, Windows/Microsoft, or Blackberry). These third party beneficiaries are not parties to these Terms of Use and are not responsible for the provision or support of the Websites in any manner. If you are accessing the Application through an Apple device, then the following additional terms and conditions are applicable to you and are incorporated into these Terms of Use by this reference:

    • These Terms of Use are entered into between you and 3Good and Apple, Inc. (“Apple”) is not a party to these Terms of Use. Apple is not responsible for the Application and the content thereof.
    • 3Good grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
    • Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
    • To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
    • 3Good, and not Apple is responsible for addressing any claims you may have relating to the Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Application fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

    3Good does not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Application. 3Good will not provide you with any device, internet access, or wireless connection to use the Application. 3Good is not responsible for any interaction between you and another user, or information you transmit through the Application (including your location).

    You further acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Websites. Your Mobile Provider’s normal messaging, data, and other rates and fees will, however, still apply. Your Mobile Provider may prohibit or restrict certain mobile services and certain mobile services may be incompatible with your Mobile Provider or mobile device. You should check with your Mobile Provider to find out what plans are available and how much they cost. By using the Application, you agree that 3Good may communicate with you regarding the Websites and 3Good’s partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Application will be communicated to 3Good.

    You agree that in connection with the Application for which you are registered for, 3Good may send communications to your mobile device regarding 3Good or other parties. Further, 3Good may collect information related to your use of the Application. If you have registered for the Application, you agree to notify 3Good of any changes to your mobile number and update your account(s) on the Websites to reflect this change.

    You accept responsibility for any such charges that arise from your Mobile Provider. If you are not the bill payer for the mobile telephone or handheld device being used to access the Websites, you will be assumed to have received permission from the bill payer for using the Websites. 3Good will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number.

  8. Services Charges & Fees. The fees 3Good charges for using the Websites are listed in 3Good’s Standard Fees page. You agree to pay the applicable fees disclosed at the time of purchase in connection with your use of the Websites. Subject to the terms of these Terms of Use, 3Good reserves the right to change its fees upon fourteen (14) days’ advance notice. You must agree to the change in fees to continue to use the Websites. All fees, charges, and payments collected or paid through the Websites are denominated in US dollars. There may be additional fees, charges, or payments required by 3Good’s contractual arrangement with affiliates, services providers, partners, and other third parties. By using their services, you agree to be bound by such third parties’ fees and terms of use.

  9. Children. Collecting personal information from children under the age of 13 (“minor children”) through the Websites is prohibited. No User Content should be directed toward minor children. Minor children are not eligible to use the Websites and 3Good asks that they do not submit any personal information to 3Good.

  10. Conditions for Linking to the Websites. 3Good hereby grants you a non-exclusive, limited license, revocable at 3Good’s discretion, for you to link to the Websites home page from any website you own or control that is not commercially competitive with the Websites and does not criticize or otherwise injure 3Good, so long as the website where the link resides, and all other locations to which such website links, (i) complies with all applicable laws, (ii) does not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others, (iii) does not in any way post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal/unlawful information, topic, name, or other material, and (iv) does not violates the spirit of 3Good’s mission. Such a link is not an endorsement of such other website(s) by 3Good.

    Notwithstanding anything to the contrary contained in these Terms of Use, 3Good reserves the right to prohibit linking to the Websites for any reason, in 3Good’s sole and absolute discretion, even if the linking complies with the requirements described above.

  11. Links or Pointers to Other Websites. 3Good makes no representations whatsoever about any other website that you may access though the Websites. When you access a non-3Good website, please understand that it is independent from 3Good, and that 3Good has no control over the content on that website. In addition, a hyperlink to a non-3Good website does not mean that 3Good endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

  12. Warranty Disclaimer; Limitation of Liability; General Disclaimers & Releases. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE WEBSITES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

    YOU UNDERSTAND THAT ALL USER CONTENT POSTED TO THE WEBSITES IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY USERS OF THE WEBSITES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS 3Good’S REPRESENTATIVES OR ANY OF 3Good’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON THE WEBSITES DO NOT NECESSARILY REFLECT 3Good’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE WEBSITE CONTENT. UNDER NO CIRCUMSTANCE WILL 3Good BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY WEBSITE CONTENT.

    3Good, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF 3Good HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE, WEBSITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

    In addition, to the extent permitted by applicable law, 3Good (including its parent, subsidiaries, and affiliates, and its and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

    • advice received through or advertised in connection with the Websites or any links on the Websites;
    • any transaction or relationship between you and any third party provider;
    • your use of or your inability to use the Websites;
    • delays or disruptions in the Websites;
    • viruses or other malicious software obtained by accessing, or linking to, the Websites;
    • glitches, bugs, errors, or inaccuracies of any kind in the Websites; 
    • damage to your hardware device from the use of the Websites;
    • the content, actions, or inactions of third parties;
    • a suspension or other action taken with respect to your account or breach of the Terms of Use or any other 3Good policy;
    • the duration or manner in which your User Content appears;
    • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Use or other 3Good policies;
    • any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the Websites, through the use of the Websites, or through any products or services sold, offered, or purchased through the Websites;
    • any violation of any state or federal laws by you or any other party through the use of the Websites or related to any products or services sold, offered, or purchased through the Websites; or
    • any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy.

    Although 3Good attempts to ensure the integrity and accurateness of the Websites, it makes no guarantees whatsoever as to the correctness or accuracy of the Websites. It is possible that the Websites could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Websites by third parties. In the event that an inaccuracy arises, please inform 3Good at support@3good.co so that it can be corrected. Information contained on the Websites may be changed or updated without notice.

    If you have a dispute with one or more users, you release 3Good (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

    Regardless of the previous paragraphs, if 3Good is found to be liable, 3Good’s liability to you or to any third party is limited to $500.00.

  13. Indemnification. You agree to indemnify and hold 3Good and its affiliated companies, and their directors, officers, employees, agents, and partners harmless from any and all claims or demands, including reasonable attorneys’ fees and costs, that arise from or otherwise relate to (i) your access to or use of the Websites; (ii) User Content provided by you or through use of the Websites; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to 3Good; (v) your acts or omissions. You agree to cooperate fully with 3Good in the defense of any claim that is the subject of your obligations hereunder.

  14. Choice of Law. These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. For the sake of clarity, nothing in this paragraph shall affect 3Good’s ability to seek from a court injunctive or equitable relief at any time.

    In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

    Unless you and 3Good agree otherwise, in the event that the Section 15 below is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and 3Good must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and 3Good agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

  15. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND 3Good HAVE AGAINST EACH OTHER ARE RESOLVED. You and 3Good agree that any dispute, claim or controversy arising out of or relating to these or previous versions of the Terms of Use, the breach, termination, enforcement, interpretation or validity thereof or the use of the Websites, or any products or services sold, offered, or purchased through the Websites (collectively, “Disputes”) will be settled by binding arbitration, rather than in court. Alternatively, each party retains the right to bring an individual action in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Notwithstanding the foregoing, either party has the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

    YOU AND 3Good AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND 3Good AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written demand for Arbitration as specified in the AAA Rules. Your written demand for Arbitration shall be sent to:

    3Good LLC
    900 Pacific Avenue
    Venice, CA 90291

    3Good will send any written demand to you to the physical address 3Good has on file associated with your account. It is your responsibility to keep your physical address up to date. The written demand must include a description of the nature and basis of the claims the party is asserting and the relief sought.

    If you and 3Good are unable to resolve the claims described in the written demand within thirty (30) days after the written demand is sent, you or 3Good may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to 3Good at the address provided above. In the event 3Good initiates arbitration against you, it will send a copy of the completed form to the physical address 3Good has on file associated with your account. Any settlement offer made by you or 3Good shall not be disclosed to the arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty (30) days of delivery of the written demand to arbitrate, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

    Unless you and 3Good otherwise agree, the arbitration will be conducted in the county where you reside. If the value of the relief sought is $10,000 or less, you or 3Good may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and 3Good subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or 3Good may attend by telephone, unless the arbitrator requires otherwise.

    The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same 3Good user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse 3Good for all fees associated with the arbitration paid by 3Good on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

    With the exception of any of the provisions in Section prohibiting class and representative actions and non-individualized relief, if an arbitrator or court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If an arbitrator or court decides that any of the provisions in Section prohibiting class and representative actions and non-individualized relief is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement will continue to apply.

    If 3Good changes this Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing 3Good written notice of such rejection by mail or hand delivery to: 3Good LLC Attn: Arbitration Opt-Out, 900 Pacific Avenue, Los Angeles, CA 90291, within 30 days of the date such change became effective, as indicated above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and 3Good in accordance with the provisions of this Section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

  16. Entire Agreement. These Terms of Use, and all policies incorporated herein by reference, constitute the entire agreement between 3Good and you pertaining to the subject matter of this agreement. In its sole discretion, 3Good may modify these Terms of Use by posting the revised version on the Websites and you agree that each visit by you to the Websites is a new transaction governed by the Terms of Use linked on the Websites at that time. Any delay or failure on the part of 3Good to exercise or enforce any rights under these Terms of Use to which 3Good may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section headings used herein are for convenience only and shall not be given any legal import.

    Updated or additional terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail. It is your responsibility to review the Terms of Use and the Websites from time to time for any updated or additional terms.

    If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

    You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without 3Good’s prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. 3Good may assign these Terms of Use or any rights hereunder without your consent and without notice.

  17. No Unlawful or Prohibited Purpose. As a condition of your use of the Websites, you warrant to 3Good that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use.