Terms of service
TERMS OF USE OF THIS WEBSITE
Please read these terms of use carefully before using this website, as defined below. Using this website in any way indicates that you accept these terms of use. If you do not agree with these terms of use, then you may not use this website.
ACCEPTANCE OF TERMS OF USE
Your use in any manner of the website located at www.drinkgoodpharma.com or any other website, web page, app or other Internet or digital platform offered by or through Good Pharma™ or any of its parents, subsidiaries or affiliates (collectively, “Good Pharma,” “we,” “us” or “our”), wherever or however offered, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use govern all use of this Website.
Good Pharma reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, Good Pharma recommends that you review these Terms of Use whenever you use this Website. Your continued use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms of Use.
ELIGIBILITY
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use this Website. Good Pharma may, in our sole discretion, terminate your access to this Website or change our eligibility criteria at any time.
USE RESTRICTIONS
The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively, the “Materials”) are protected under laws of the United States of America and other countries. Good Pharma does not guarantee that any Materials you access on this Website is or will continue to be accurate. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, you have no rights in or to the Materials, and you will not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Materials, including but not limited to by the use of framing or mirrors.
Subject to your full compliance with these Terms of Use, Good Pharma authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice Good Pharma’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.
Any rights not expressly granted herein to use the Materials are reserved by Good Pharma in full.
The trademarks, trade names, service marks, and logos of Good Pharma (the “Good Pharma Trademarks”) used and displayed on or otherwise used in connection with this Website are registered and unregistered trademarks or service marks of Good Pharma. Other company, product, and service names located on this Website or otherwise used in connection with this Website may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Good Pharma Trademarks, the “Trademarks”). Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or otherwise used in connection with this Website without Good Pharma’s prior written consent specific for each such use. The Trademarks may not be used to disparage Good Pharma or any relevant third party, Good Pharma’s or the relevant third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Good Pharma’s prior written consent. All goodwill generated from the use of any Good Pharma Trademark shall inure to Good Pharma’s benefit.
You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use or violates Good Pharma’s guidelines and policies, (iii) in any manner that could damage, disable, overburden or impair this Website, or (iv) in any manner that may interfere with any other party’s use and enjoyment of this Website. You may not (i) attempt to gain unauthorized access to this Website through hacking, password mining or any other means, (ii) attempt to decipher, disassemble or reverse engineer any of the software comprising or making up this Website, (iii) delete or alter any material Good Pharma or any other person or entity posts on this Website.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Materials.
CREATION OF ACCOUNT
In order to gain access and utilize certain features of our Services, you are required to create an account with Good Pharma (“User Account”). You agree that all information you provide to create your User Account is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOOD PHARMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. GOOD PHARMA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS COMPLETE, ACCURATE OR UP TO DATE. GOOD PHARMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU USE THIS WEBSITE AND THE MATERIALS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL GOOD PHARMA BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GOOD PHARMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF GOOD PHARMA TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR ANY OTHER INTERACTIONS WITH GOOD PHARMA IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO GOOD PHARMA FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, GOOD PHARMA SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF GOOD PHARMA’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. EACH PROVISION OF THESE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND GOOD PHARMA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOOD PHARMA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
IF YOU ARE DISSATISFIED WITH THE PRODUCTS DELIVERED THROUGH THE DELIVERY SERVICE, YOUR SOLE RESOURCES ARE OUR RETURN AND REFUND POLICIES, WHICH ARE SET FORTH IN ABOVE.
INDEMNITY
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Good Pharma and its officers, directors, employees, consultants, partners, licensors, affiliates, subsidiaries and agents (collectively, the “Good Pharma Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with: (i) your misuse of the Service; (ii) your violation of the Good Pharma Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree that the provisions in this section will survive any termination of your account, the Good Pharma Terms or your access to the Service.
GOVERNING LAW
This Policy shall be construed and governed by the laws of the State of California, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of California and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. If you are a user of our Website in a member country of the European Economic Area (EEA) or European Union (EU)), these Terms of Use and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you are domiciled.
SECURITY
Good Pharma reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Good Pharma to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.
SUBMISSION OF IDEAS OR SUGGESTIONS
Good Pharma is always improving its products, services and this Website. If you have ideas or suggestions regarding improvements or additions to Good Pharma’s products, services or this Website, Good Pharma would like to hear them; however, any submission will be subject to these Terms of Use. Under no circumstances will any disclosure of any idea or suggestion or related material to Good Pharma be subject to any obligation of confidentiality or expectation of compensation. By submitting an idea or suggestion or any related material to Good Pharma, you are waiving any and all rights including, without limitation, intellectual property rights, that you may have in the idea or suggestion or any related material and are representing and warranting to Good Pharma that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that Good Pharma is free to implement the idea or suggestion and to use the related material if so desired, as provided or as modified by Good Pharma, without obtaining permission or license from any third party.
INTELLECTUAL PROPERTY RIGHTS
Our Website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use our Website for your non-commercial use only. No right, title or interest in or to our Website, or any content on our Website, is transferred to you, and all rights not expressly granted are reserved by us.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (i) you may store files that are automatically cached by your web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website; or (iii) access or use for any commercial purposes any part of our Website or any products or services available through our Website.
Our name, logo, and all related product and service names, artwork, graphics, designs, and slogans constitute trademarks or service marks (“Marks”) of our Company and/or our affiliates and licensors. You may not use such Marks without our prior written consent. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Good Pharma a written notice by mail, e-mail or fax, requesting that Good Pharma remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Good Pharma a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Click here for details.
TERMINATION
Good Pharma reserves the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of this Website or the Materials at any time and for any reason or no reason without prior notice or liability, which may result in the forfeiture and destruction of all information associated with your Account. Good Pharma reserves the right to change, suspend, or discontinue all or any part of this Website or the Materials at any time without prior notice or liability. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, Licenses of Submitted Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
ACCESSIBILITY
Good Pharma is committed to providing a positive experience to all our customers and we aim to facilitate the accessibility and usability of our website. Our goal is to permit our customers to successfully gather information and transact business through our website, regardless of technology or ability. If you have difficulty using or accessing this website, please call us at 1 844-420-1154 or contact us at hello@drinkgoodpharma.com and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law.
GENERAL
Good Pharma, together with any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Good Pharma regarding your use of and access to the Service. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
