2) Prices and Quantity Limits:
We reserve the right at any time after receipt of your order to accept or decline your order, even after your receipt of an order confirmation. We reserve the right, at our discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
All content included in the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of www.goodcharma.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of www.goodcharma.com and protected by U.S. and international copyright laws. All software used on the Site is the property of www.goodcharma.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
All trademarks, logos, service marks and trade names are proprietary to good charma or other respective owners that have granted the Site the right and license to use such intellectual property.
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, www.goodcharma.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, www.goodcharma.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
6) Product Information:
Most products displayed on the Site are also available in select retail and department stores that carry good charma products in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in those stores. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Site.
Our products are also available for sale in many specialty stores and department stores. Data collected in these retail stores is the property of the stores and is not provided to good charma. If you have questions about retail store privacy policies, please contact the applicable store.
Use of Information Collected by Us:
good charma may collect two types of information about users: "Personal Information" (such as name, email address, mailing address, phone number, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to our Site on a daily basis).We use customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site to tailor our Sites to your interests.
Personal Information Collected Online by www.good charma.com:
Personal Information is collected online by us or our service providers (e.g., such as Blue Hornet) on our behalf when users voluntarily register with www.good charma.com to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on www.good charma.com when users make a purchase. We also maintain a record of your product interests and purchases online. We may receive personal usage and demographic information from third parties we work with.Aggregate Information Collected Online by www.good charma.com:
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of Store visits, Site pages you access most frequently or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at www.good charma.com during a specific time period. Aggregate Information that does not personally identify a specific user.
Order-related and Promotional Email:
You agree that www.good charma.com is authorized to transmit email to you for the purpose of informing you about your particular transaction. In addition, www.good charma.com and its affiliates may offer electronic newsletters and promotional emails to those who have agreed to receive emails when they purchase from www.good charma.com during registration and/or directly from our email sign-up forms. Unsubscribe instructions are included in each promotional email.
Sharing Information with Third Parties:
Service Providers, Consultants and Affiliates:
Use of Pixel Tags/Clear GIFs/Web Beacons:
A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
If you prefer not to receive marketing emails from www.good charma.com or affiliate sites, please let us know by clicking on the unsubscribe link within any marketing email you receive from us. Please note that such requests may take up to ten (10) days to become effective.
Children and Privacy:
Our Site and affiliate sites are not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
Links to Other Sites:
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of www.good charma.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither www.good charma.com nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.
8) Security and SSL:
Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information. To check the security of your connection, look at the lower right-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the Site address will change from "http" to "https." Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through a secure connection. If you cannot access the secure server for any reason, please contact us on our contact page.
9) Limitation on Liability:
IN NO EVENT SHALL good charma OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
10) Copy of Content Submission Release Agreement:
This Submission Release Agreement is a legally binding agreement made by and between www.good charma.com and you, personally.
BY CLICKING ON THE “I AGREE” ICON, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, PLEASE CLICK ON THE “I DO NOT AGREE” ICON.
1. You are submitting a written statement, photo(s), and/or video (hereinafter referred to as the “Material”) to good charma with the understanding that good charma may use your submitted Material on its website and/or in other marketing and informational materials that may be distributed to or visible by the public.
2. You understand that good charma receives numerous submissions of Materials and that good charma does not purchase or provide any compensation for such submissions. You further understand that good charma will refuse to accept, consider, or evaluate submissions of your Material unless you have agreed to the terms and conditions of this agreement, and that no confidential or fiduciary relationship is established by your submitting any Material to good charma.
3. By submitting your Material to good charma, you hereby assign all right, title, and interest, including without limitation, all copyrights, patents, trademarks and all other intellectual property and proprietary rights in the Material (and all renewals, extensions, reissues and the like thereof) to good charma. You shall not retain any right, title, or interest whatsoever in the Material, including, without limitation, rights of attribution, claims based on your “moral rights” and similar theories, and liens, encumbrances or the like.
4. By submitting your Material to good charma, you hereby agree that good charma may use and exploit the Material, or any part thereof, without any obligation, liability, or duty whatsoever to you and without payment whatsoever to you. You agree that nothing contained in this Agreement, nor your submission of Material to good charma, shall be deemed to form the basis of any right, liability, claim, or demand against good charma or any of good charma’s clients or any person or entity to whom good charma shows said Material.
5. You warrant that you are either the author and owner of all rights to the Material or have the exclusive right and authority to submit the Material to good charma with the full knowledge and consent of the owner(s) of the Material upon the terms and conditions stated herein.
6. You agree and acknowledge that no contract or obligation of any kind, other than those arising pursuant to the express terms of this Agreement, is assumed by good charma or may be implied against good charma by reason of good charma’s review or use of the Material. Specifically, it is understood that neither your submission of the Material, nor good charma’s review or use thereof, constitutes or creates an implied-in-fact or implied-in-law contract, even if there exists an industry custom or practice to the contrary.
7. You will indemnify good charma and hold good charma harmless from and against any and all third party claims, expenses losses, damages, or liabilities (including but not limited to reasonable attorneys’ fees and punitive damages) that may be asserted against good charma or incurred by good charma at any time in connection with the Material, or any use thereof, including, but not limited to, those arising from any breach of any promise or warranty given by you herein. You hereby release good charma of and from any and all claims, demands, and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Material or by reason of any claim now or hereafter made by you that good charma has used or appropriated the Material.
8. All disputes arising out of or relating to this Agreement will be exclusively resolved under confidential binding arbitration held in the state of Massachusetts, before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
9. You hereby state that you have read and understand this Agreement and that this Agreement represents the entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this Agreement must be in writing and signed by both parties. To the extent any provision hereof shall be found to be invalid or unenforceable, such provision shall be modified so as to make such provision enforceable, if permitted by applicable law, or deleted herefrom, and in either case all other provisions of this Agreement shall remain in full force and effect.
Applicable Law: The laws of the State of Massachusetts will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.
Updated: June 3, 2009