Terms and Conditions
Revised: August 29, 2024
These Terms of Service (“Terms“) govern your use of the Greater Good Health, LLC website (“Site“) and the Greater Good Health, LLC services (“Services“). These Terms apply to all users of the Site and Services. By accessing or using the Site or Services, you agree to these Terms. Please do not use or continue to access the Site if you do not agree to be bound by these Terms.
Eligibility
You must be at least 18 years old to use the Site or the Services.
Additional Terms
Some of our Services may have additional terms and conditions (“Additional Terms“). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.
Ownership
We own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content“) and Greater Good Health, LLC’s trademarks, logos, and brand elements (collectively, the “Marks“). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
User Accounts
When you register as a user on the Site, you must establish a username and password for access to your account and create a personal profile. You may only use this account personally and may not share your account with anyone else. You will be solely responsible for all acts or omissions that occur under your account. You agree to keep your contact and billing information (including, but not limited to, your email address) up-to-date and to comply with all billing procedures, including providing and maintaining accurate, truthful and lawful billing, credit card and profile information for active accounts.
Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account, to the extent applicable. When you use the Site or Services, you shall not:
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious code or computer viruses;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although Greater Good Health, LLC does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Greater Good Health, LLC reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Site or Services in a manner that sends more requests to the Greater Good Health, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- register for more than one Greater Good Health, LLC account or register for a Greater Good Health, LLC account on behalf of an individual other than yourself;
- recruit or otherwise solicit any user to join third party services or websites that are competitive to, without Greater Good Health, LLC’s prior written approval;
- use, display, mirror, or frame the Site or any individual element within the Site or Services, Greater Good Health, LLC’s name, any Greater Good Health, LLC trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Greater Good Health, LLC’s express written consent;
- access, tamper with, or use non-public areas of the Site, Greater Good Health, LLC’s computer systems, or the technical delivery systems of Greater Good Health, LLC’s providers;
- attempt to probe, scan, or test the vulnerability of any Greater Good Health, LLC system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Greater Good Health, LLC or any of Greater Good Health, LLC’s providers or any other third party (including another user) to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- We provide alternative text detail for all audio and video only media, images, graphics and other non-text content.
- Our website is built so that it can be accessed using a keyboard.
- Each webpage is consistent in the way it is built so that the user experience and functionality are seamless no matter what page you visit.
- We use appropriate headings, lists, paragraphs, and other features so that visitors can easily navigate the website with assistive technology.
- Many links have title attributes that describe the link in greater detail unless the text of the link already fully describes the target.
- All fields have labels and forms have a logical tab sequence.
- Tables are structured in a way that each data point in the table is associated back to its appropriate column headings to allow for clarity when using assistive technology.
- Software choices: We recommend using the most current version of assistive technology applications along with a current version of the browsers listed below.
- Browsers: The company recommends that you use the most up to date version of Chrome, Firefox, Safari or Microsoft Edge.
- Screen reader applications: The company recommends using a well-known reader, such as JAWS paired with a Chrome browser for the best user experience on our website.
- Punctuation: Users can select the level of punctuation they want to hear while reading the content on our site. Some users find a lower level of punctuation causes less distraction for casual reading.
- Ensuring that no elements of our website or marketing campaigns are misleading,
- We make it clear how to opt-out, and
- We honor opt-out requests promptly.
- We have designated an agent to receive notifications of claimed infringement from copyright owners and to respond to such notices in accordance with the DMCA. Our agent’s contact information is available on our website.
- We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who are repeat infringers of copyright or who repeatedly submit or post infringing content on our platform.
- We have developed and maintained a system that allows users to flag or report any content that they believe is infringing, abusive, illegal, or otherwise violates our terms of service or community guidelines.
- We have established and followed a process for removing or disabling access to any content that is identified as infringing or that is subject to a valid DMCA takedown notice, and for restoring access to any content that is subject to a valid DMCA counter-notice, in accordance with the DMCA.
- We have provided information and resources to our users on how to respect and protect the intellectual property rights of others, how to file a DMCA notice or counter-notice, and how to dispute a DMCA claim.
- Applicable Law. You and Greater Good Health, LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Site or Services will be resolved in accordance with the provisions set forth in this Section 12. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GREATER GOOD HEALTH, LLC HAVE AGAINST EACH OTHER ARE RESOLVED.
- PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF (THE “CLASS ACTION WAIVER”). YOU AND GREATER GOOD HEALTH, LLC 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND GREATER GOOD HEALTH, LLC AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR 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 GREATER GOOD HEALTH, LLC USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND THE GREATER GOOD HEALTH, LLC’S RIGHT TO APPEAL THE COURT’S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.
- WAIVER OF JURY TRIAL. IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
- Arbitration Procedures. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation and enforceability of the CLASS ACTION WAIVER will be resolved by a court of competent jurisdiction. Other than issues related to the CLASS ACTION WAIVER, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising out of or relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms are void or voidable. The FAA and federal arbitration law apply to this Agreement to Arbitrate.
- Informal Dispute Resolution. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you personally and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at Greater Good Health, LLC, Attn: [CONTACT INFORMATION, ADDRESS], of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain sufficient understanding of the dispute. During the 60 days from receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which can be extended by agreement of the parties), you or we may commence arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. We will send any dispute related notice to you at the contact information we have for you. If, for some reason, the dispute is not satisfactorily resolved within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.
- Arbitration with AAA. If we are unable to resolve the dispute through the mandatory informal dispute resolution process described herein, and except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”)(as applicable), as modified by this Agreement to Arbitrate. The AAA Supplementary Rules for Class Arbitrations will not apply. This Agreement to Arbitrate applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. 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 User to the extent required by applicable law. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.
- Arbitration Initiation. If you or Greater Good Health, LLC are unable to resolve any Claims informally, you or Greater Good Health, LLC may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website 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 send a copy of the completed form to the opposing party. You may send a copy to Greater Good Health, LLC at the following address: [ADDRESS] Attn: Legal Department. In the event Greater Good Health, LLC initiates arbitration against you, it will send a copy of the completed form to any physical address we have on file associated with your account (or your email address if no physical address is on file).
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
- Availability of Other Forms of Relief. This Agreement to Arbitrate does not preclude either party from seeking action by federal, state, or local government agencies. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions and any such request shall not be deemed incompatible with this Agreement to Arbitrate, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement to Arbitrate.
- With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this Agreement to Arbitrate will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Agreement to Arbitrate will survive the termination of your relationship with us.
- Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules: Counsel for the claimants and our counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge and we will pay the mediator’s fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge and we will pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that you and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
- Opt-Out Procedure. If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept the Terms for the first time. You must mail your Opt-Out Notice to: Greater Good Health, LLC, [ADDRESS] Attn: Legal Department.
- Future Amendments to Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Greater Good Health, LLC prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.