Terms of Use

Last Updated: January 9, 2016

Please carefully read the following Terms of Use ("Terms"), and our Privacy Policy before using the goodseedsalad.com Web site, our mobile application, or our widgets (collectively, the "Site"), and our online Services ("Services"). When using this Site and our Services, you (the "User"), acknowledge that you have read, understood and agree to be bound by these Terms, forming an agreement as if you had signed it as a contracting party. If at any time you do not agree to these Terms, please do not access or use this Site or our Services. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.

The Terms of Use may be updated from time to time. Therefore, you should check the Terms of Use regularly for updates and revisions. When the Terms of Use is updated, we will include those new Terms under the heading "Last Updated". Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date.

YOUR ACCESS TO, USE OF OF THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

Prohibited Actions

You agree that the following actions are prohibited and constitute a material breach of these Terms. The Site moderator, in its sole discretion, may take such measures as it determines to combat a User's Prohibited Action(s). Good Seed reserves the right to determine what conduct constitutes a prohibited action. The following is a non-exhaustive list of Prohibited Actions:

  1. Use the Site or Services in violation of local, state, national, or international laws or regulations;
  2. Violate any guidelines set forth by any communicative service;
  3. Use the Site in such a way that adversely affects performance of the Site or inhibits any other user's enjoyment;
  4. Use automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site or our Services;
  5. Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the Content or any other materials or information available from the Site;
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. This includes collecting information about others without their consent;
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  8. Upload or download files (i) containing software or other articles protected by intellectual property laws or other laws, (ii) containing viruses, corrupted files, or any software/program that may damage the operation of another's computer;
  9. Use the Site for unauthorized advertising or solicitation;
  10. Engage in any other action that exposes Good Seed or any third party to any potential liability or detriment.

User Materials

You are solely responsible for the information that you post, share, email, upload or otherwise make available via the Site ("User Materials"). Good Seed reserves the right to remove any User Materials it finds, in its sole discretion, not in accordance with the Terms.

Each User represents and warrants the following: (i) its User Materials does not infringe any other person's or entity's rights; (ii) each person mentioned/ shown (including the User) in its User Materials release any and all claims concerning Good Seed's or its designees' use, modification or distribution of the Materials. You must own all rights, including copyright, to your Materials. You agree that you must bear all risks associated with your Materials.

You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Materials.

Privacy Policy

User information collected from Electronic devices

(1) Personal Information a User provides

(a) When a User creates an account with our online service (the "Account"), we may collect the following information: your first and last name, gender, e-mail and mailing addresses, and password (collectively, known as "Personal Information);

(b) When you place an order on the site to pick up from our store, we collect Personal Information necessary to process your order. All credit card information on the Site or Services is processed by service providers, and we will not have any access to your credit card information;

(c) If you use our Services on your mobile device, including through our Application(s), we may collect your phone number and the unique device id number;

(d) If you allow your mobile device to send us your location, we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate GPS on your mobile device;

(e) When connecting to Good Seed's services by a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services;

(f) We may associate that phone number to your mobile device identification information;

(g) If you contact us by e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply;

(2) Cookie Policy

Like many online services, we use cookies to collect information ("Cookies"). Cookies are small pieces of information that a website sends to your computer's hard drive while you are viewing the website. Cookies help (i) webmasters understand how Users interact with their site's content and services, (ii) track a User's activities on a website, and (iii) record information about the User so when the User returns to the site, customized features can be provided.

Good Seed may use both session cookies and persistent cookies to provide you with an interactive experience. A session cookie is a line of text that is stored temporarily in your web browser's memory reserve, and will expire when the browser is closed; a session cookie is not placed on any hard drive, and it is destroyed as soon as you close your browser. A persistent cookie is saved to a file on your hard drive and is accessed whenever you re-visit the website that put it there. This lets that website remember what you were interested in the last time you visited.

If you no longer want to accept cookies from our service, then you can change your browser settings to stop accepting cookies from this site. To learn more about how to disable cookies in your browser please visit http://www.usa.gov/optout_instructions.shtml

(3) Information Our Servers Collect

To make our Site and Services more accessible to you, our Servers (and/or a Third Party Service Provider) collect information from you, including the following: (i) your browser type; (ii) your operating system; (iii) your Internet Protocol ("IP") address-a number assigned to your computer when you use the Internet, which may vary from session to session; (iv) your domain name; and/or (v) a time stamp for your visit.

Similar to most websites, we may gather certain information automatically and store it in log files, including IP addresses, browser type, Internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We may use the information in our log files to analyze trends, administer the Site, and track users' movements within the Site to ensure our Services meet the needs of our Users.

(4) Google analytics

We use Google Analytics to help analyze how Users use the Site only to improve our Site and Services. Google Analytics uses Cookies to collect information such as (i) how often Users visit the Site, (ii) what pages they visit, and (iii) what other sites they used beforehand. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Your Personal data is separated from the information Google Analytics generates. Only Google can use the cookies generated by Google Analytics. Both the Google Analytics Terms of Use and the Google Privacy Policy restricts Google's ability to share and use your cookies.

(5) Third Parties

Good Seed uses some social media tools and websites to interact with its customers and resource partners. Social media websites are used to publicize Good Seed and engage with members of the public. We may receive Personal Information from third party companies that provide our Services, including the provider of our mobile services. We may add this information to the Personal Information we have already collected from you. Good Seed's privacy and other web policies do not apply to these third party sites, and we encourage you to read the policies of the third party site when deciding whether to use it.

Some of our Services may enable you to post content to social networking websites, such as Facebook or Twitter (collectively, the "SNWs"). If you elect to do this, we will provide information to such SNWs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those SNWs and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such social networking websites. We will not be held liable for the content, products, services or your use of any such SNWs.

Email Policy

When you create an Account and provide your email address, we will periodically send you administrative and promotional emails. At any time, you may elect to opt-out of receiving our emails by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the Service.

Children

Because we care about the safety and privacy of children online, we comply with the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the Internet. Good Seed does not knowingly contact or collect personal information from children under 13.

It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers. If you believe that we might have any Personal Information from a child under 13, please contact us at info@goodseedsalad.com.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Good Seed, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF SWEETGREEN OR ANY THIRD PARTY.

Force Majeure

Good Seed shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

Contact Information

info@goodseedsalad.com