You must be at least 18 years old to have 3Good’s permission to use the Websites.
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:
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.
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.
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 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.
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 email@example.com of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to firstname.lastname@example.org. 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.
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.
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.
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.
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.
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.
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:
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 email@example.com 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.
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.
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
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.