Last Updated May 20, 2019
The content that appears on our Website (“Materials” or “Content”) is solely for informational purposes. We attempt to ensure that the Materials and Content on this Website are complete, accurate, and current. Despite our efforts, the Material or Content on this Website may be inaccurate, incomplete, or out of date and errors, such as typos, omissions, or inaccuracies, related to product descriptions, offers, pricing, availability, and promotions may appear from time to time. We make no representation as to the completeness, accuracy, or up-to-date nature of any Materials or Content on this Website. To the fullest extent permissible by law, GOODBRANDS reserves the right to correct any errors and to change or update any features, content, specifications, products, and colors, (which are always in U.S. Dollars, unless otherwise indicated) of products and services described or depicted on this Website at any time without prior notice.
This Website contains certain regulated products which require usage age requirements. You agree that by using the service you represent that you are at least 21 years of age and that you are legally able to enter into this agreement. An age verification check occurs upon first visiting this Website on any device and by your confirming that you are of legal purchasing age. Our products are exclusively for sale within the State of California. Only persons of legal age and that have been age verified can access the Website.
The Vape Pen (“GOODVAPE”), a product of GOODBRANDS, is not a smoking cessation product and has not been evaluated by the Food and Drug Administration, nor is it intended to treat any condition.
Additionally, vaporization products should not be considered 100% safe. If you have any health concerns about use of a vaporizer for any purpose, we recommend that you consult with your physician. Inhalation of vaporized or heated materials may aggravate existing respiratory conditions, and you are responsible for the material that you consume with the Stylus. Do not use vaporization products if you are pregnant or nursing. Keep vaporizing products out of reach of children and pets. No safety or health claims are made or intended by GOODBRANDS or its owners about any vaporizing product. User assumes liability for use of the Stylus.
Lithium-based batteries are potentially dangerous. GOODBRANDS, its owners, supplies, and affiliates are not responsible for injury or damage caused by any product for any reason.
Certain measurements and similar descriptions on the Website are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including their applicable colors. The actual color you see, however, will depend on factors, such as the settings you have selected for the device on which you are viewing the Website, and the color of a particular product may be different in person. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. Products on the Website are available at authorized distributors only while supplies last.
We reserve the right (to the fullest extent permissible by applicable law), without prior notice and in our sole and absolute discretion, to refuse access to the Website by any visitor or customer.
Unless specifically provided otherwise, all Materials and Content provided on the Website, including, but not limited to, information, documents, products, logos, graphics, audio clips, images, compilations, text, copy, software, illustrations, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress, and other Website content and services, are the exclusive property of GOODBRANDS or its licensors (third-party authors, developers, or vendors, collectively “Third-Party Providers”), all rights reserved. Except as stated herein, none of the Materials or Content may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, transferred, exploited, sold, posted, transmitted, and/or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of GOODBRANDS and/or a Third-Party Provider (as applicable). Copyrighted material may be downloaded to your computer or other electronic device for personal viewing and non-commercial use only. Except as otherwise expressly permitted under copyright or other applicable law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of GOODBRANDS and, where applicable, a Third-Party Provider. In the event of any permitted copying, redistribution, or publication of copyrighted Materials or Content, no changes in, or deletion of, author attribution, trademark legend, or copyright notice shall be made. GOODBRANDS grants you no express or implied rights by way of your permitted downloading of copyrighted Materials or Content.
Except where expressly provided otherwise by GOODBRANDS, nothing on the Website shall be construed to confer to you any license or ownership right in or to the Materials or Content under any of GOODBRANDS’s intellectual property rights, whether by estoppel, implication, or otherwise. Your use of the Website is pursuant to a single-copy revocable license granted to you by GOODBRANDS. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that violates statutes, ordinances, regulations, applicable laws, or that violates the TCU. To the fullest extent permissible by applicable law, you are prohibited from: (i) modifying, in whole or in part, the Materials or Content of the Website; (ii) using the Materials or Content, in whole or in part, for any sale, rental, public display, or other commercial purpose; (iii) disassembling, de-compiling, and/or reverse engineering any software materials; (iv) removing any copyright or other proprietary notice from the Materials or Content; or (v) transferring, exporting, or assigning (or attempting to transfer, export, or assign) the Materials or Content to another person, either in whole or in part. You agree to prevent any unauthorized copying of the Materials or Content.
The Website may contain links or have references to websites controlled by other parties other than GOODBRANDS. GOODBRANDS is not responsible for, and does not endorse or accept any responsibility for, the content or use of these third-party websites, nor does GOODBRANDS guarantee the performance of any goods and services provided by any third-party. GOODBRANDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GOODBRANDS of the linked website, the Materials and Content found at the linked website, or the host or owner of the website, except as specifically stated otherwise by GOODBRANDS. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. To the fullest extent permissible by applicable law, you agree that GOODBRANDS shall not be directly or indirectly responsible or liable for any damage or loss caused or allegedly caused by, or regarding any, third-party website. Further, it is GOODBRANDS’s policy that you do not create or post a link or a frame to our Website without our prior written approval. If you wish to link to our Website, please contact us by using our Customer Care Contact Form to request permission to do so.
GOODBRANDS welcomes comments, reviews, and feedback from its valued customers. However, it is our policy to not accept or consider unsolicited creative ideas, suggestions, proposals, plans, or other material. If unsolicited creative works or any materials are submitted at our invitation (for product reviews, sweepstakes, or contest entries, etc.), all such submissions shall be subject to the TCU. Except where expressly provided by GOODBRANDS, by submitting comments, feedback, information, and data to GOODBRANDS through, in association with, or in regard to, the Website and/or any other GOODBRANDS goods or services (“Submissions”), you automatically grant GOODBRANDS the worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, and distribute such Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material, to the fullest extent permissible by applicable law. You also permit any other user of the Website to access, view, store, or reproduce any of your Submissions for that user’s personal use. You hereby waive any right to inspect or approve Submissions as used and distributed by GOODBRANDS. You represent and warrant that you own or control all Submissions and have the right to grant GOODBRANDS (and other users of the Website, as applicable) these rights.
You agree not to transmit any material through the Website or post any Submission that violates the copyright, trademark, or other proprietary rights of others or is (i) defamatory, abusive, harassing, threatening, or invasive of privacy or publicity rights; (ii) bigoted, hateful, or racially or otherwise offensive; (iii) violent, vulgar, profane, obscene, pornographic, or otherwise sexually explicit; (iv) unlawful, would encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise harms, or can reasonably be expected to harm, any person or entity; or (v) advertises or solicits products or services (without GOODBRANDS’s express prior written approval). Any conduct by you that, in GOODBRANDS’s sole discretion, restricts or inhibits any other user from enjoying our Website will not be permitted. You shall not use this Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of our users to become subscribers of on-line services if such other services are competitive with this Website or Products.
GOODBRANDS reserves the right, but disclaims any obligation or responsibility, to monitor the Materials and Content of the Website and refuse to post, communicate or remove any Submission from the Website that violates the TCU and disclose any Submission to facilitate compliance with any laws, regulations, or government requests, including, for example, compliance with a court order or subpoena or help to enforce the TCU and/or protect the safety and security of any person or property, including the Website. Moreover, we retain all rights to remove Submissions that violate the TCU or are otherwise objectionable at any time, for any reason, and without notice to you.
Use of all GOODBRANDS products by any person under the age of 21 is strictly prohibited without a physician’s recommendation for the use of marijuana as a treatment for a specific disease or disorder. Furthermore, access to the Website is strictly prohibited by any person under 21 years of age. The Website implements an age verification check prior to allowing access to the contents of the Website.
Each party represents and warrants that it has the power and authority to agree to be bound by the TCU. GOODBRANDS further warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as GOODBRANDS, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to agree to the TCU on her/his/its behalf.
TO THE FULLEST EXTENT PERMIISSIBLE BY APPLICABLE LAW, NEITHER GOODBRANDS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “GOODBRANDS PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, SERVICES, MERCHANDISE, AND/OR MATERIALS ASSOCIATED WITH, OR PROVIDED THROUGH, THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND THE GOODS, PRODUCTS, SERVICES, CONTENT, AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY WARRANTY OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAWS.
YOU UNDERSTAND THAT IN USING THE WEBSITE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE NOT UNDER GOODBRANDS’S CONTROL (SUCH AS A THIRD PARTY’S SERVERS). GOODBRANDS MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY INJURY OR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, RECORD WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GOODBRANDS PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, ORDISTRIBUTING THE WEBSITE, OR THE SOFTWARE USED IN CONNECTION WITH THE WEBSITE, WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOTU LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE OR LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF SUCH GOODBRANDS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISION OF THIS SECTION SHALL APPLY TO ALL MATERIALS AND CONTENT ON THE WEBSITE. THE EXCLUSIONS AND LIMITATIONS STATED HEREIN ARE ENFORCEABLE IN THE STATE OF CALIFORNIA; HOWEVER, SOME OTHER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND, AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH STATES, AS WELL AS THE STATE OF CALIFORNIA, THE LIABILITY OF THE GOODBRANDS PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOODBRANDS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCU.
To the fullest extent permissible by applicable law, you shall defend, indemnify, and hold the GOODBRANDS Parties harmless from and against any and all demands, claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of, or regarding: (i) your use, or any authorized or unauthorized third-party’s use, of the Website and/or your violation of any provision of the TCU; (ii) third-party claims, actions, or allegations of infringement, based on information, data, or content you submitted in connection with the Website; (iii) any fraud, or manipulation, or other breach of the TCU by you; or (iv) for any claim whatsoever resulting from you or your affiliates’, employees’, contractors’, or agents’ breach of the Children’s Online Privacy Protection Act (COPPA), or the Health Insurance Portability and Accountability Act (HIPAA), or any other state or federal medical privacy or electronic privacy laws. GOODBRANDS reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. GOODBRANDS shall have no indemnification obligation or other liability for any claim of infringement arising from: (a) use of the Website and/or the goods, services, or Materials and Content associated with the Website other than in accordance with the TCU; (b) the combination of the Website and/or the goods, services, or Materials and Content associated with the Website with any other products, services, or materials; or (c) any third-party products, services, or materials.
In the event of a potential indemnity obligation under this Section, the indemnified party shall: (i) promptly notify the indemnifying party in writing of such claim; (ii) allow the indemnifying party to have control of its defense and settlement; (iii) upon request of the indemnifying party, cooperate in all reasonable respects, at the indemnifying party’s cost and expense, with the indemnifying party in the investigation, trial, and defense of such claim and any appeal arising therefrom. The indemnifying obligations stated in this Section are expressly conditioned upon the indemnifying party’s compliance with this Section. The indemnification obligations of this Section shall survive termination of your use of the Website for the latter of the conclusion of a claim or one year.
You will comply with all applicable local, state, national, and foreign laws, treaties, regulations, and conventions regarding your use of the Website, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which GOODBRANDS controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
GOODBRANDS may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in GOODBRANDS’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in GOODBRANDS’s account information. You may give notice to GOODBRANDS at any time by letter sent by registered mail with return receipt to:
Attn: Website Administrator
3905 State Street, Suite 357
Santa Barbara California 93105 .
All notices shall be deemed to have been given four business days after mailing or 72 hours after sending by email or posting to the Website.
GOODBRANDS values its own intellectual property rights, and we also respect the intellectual property rights of others. As such, we require anyone using our Website to comply with these TCU and all applicable laws regarding intellectual property. GOODBRANDS complies with the Digital Millennium Copyright Act ("DMCA"), and if you believe that any Content or Materials on our Website violates this TCU or your copyright, please report the violation to us by sending a notice to GOODBRANDS’s designated agent via email at legal@GOODBRANDS.com or via registered US mail sent return receipt requested to:
In order for your copyright violation to be effective, it must include the following:
- An accurate description of the intellectual property or copyrighted work allegedly infringed;
- The URL showing where the allegedly infringing material is located on the Website;
- Your address, email, and telephone number so that we may contact you;
- Your statement that you have a good faith belief that the use of allegedly; infringing material is not authorized by the owner of the intellectual property rights to said material;
- Your statement (under penalty of perjury) that the information in your notice is true and correct and that you are either (i) the owner of the intellectual property or (ii) authorized to act on behalf of the owner of the intellectual property;
- An electronic or physical signature of the owner of owner of the intellectual property or the individual authorized to act on behalf of the owner.
As it is often difficult to determine whether intellectual property rights have, in fact, been violated, we may request additional information from you prior to removing the allegedly infringing material. Governing Law and Dispute Resolution
The TCU shall be construed in accordance with, and governed by, the laws of the United States of America and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with, the Website or services available on the Website shall be determined by arbitration in the County and City of Santa Barbara, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Santa Barbara, California. You hereby accept the exclusive jurisdiction of such court for this purpose.
The TCU represents the parties' entire understanding between each user of the Website and GOODBRANDS, regarding the subject matter hereof, and supersedes any prior or contemporaneous, conflicting, or additional statements, representations, communications, or agreements. GOODBRANDS reserves the right to change the TCU or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then-current TCU as it is binding on you. Certain provisions of the TCU may be superseded by expressly designated legal notices or terms located on other pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of the TCU is found to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between GOODBRANDS and you as a result of the TCU or use of the Website. To the fullest extent permissible by applicable law, GOODBRANDS may assign the TCU, in whole or in part, at any time, with or without notice to you. You may not assign the TCU, or any part of the TCU, to any other party. Any purported assignment in violation of this Section shall be void. GOODBRANDS reserves the right to use Third-Party Providers in the provision of the Website and/or the goods, services, and/or Materials associated therewith. Any cause of action by you against GOODBRANDS, including a request for arbitration, must be instituted within one year after the cause of action arises or be deemed forever waived and barred. To the fullest extent permissible by applicable law, the failure of GOODBRANDS to enforce any right or provision in the TCU shall not act as a waiver of such right or provision or the ability to later assert that right relative to the particular situation involved. To the fullest extent permissible by applicable law, any and all rights not expressly granted herein are reserved by GOODBRANDS. The headings in the TCU are for your convenience only and have no legal effect. The TCU is intended for the sole and exclusive benefit of you and GOODBRANDS and is not intended to benefit any third-party. Only the parties to this agreement may enforce it. Each party hereto is an independent contractor, and neither party is, nor will claim to be, a legal representative, partner, franchisee, agent, or employee of the other. The TCU sets forth the parties’ entire liability and exclusive remedies relating to this agreement.
Elements of the Website are protected by copyright, trademark, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Website may be copied or retransmitted unless expressly authorized in writing by GOODBRANDS. The GOODBRANDS trademark and/or other identifiers referenced herein are trademarks of GOODBRANDS and may be registered in certain jurisdictions.
The TCU constitutes an agreement that shall remain in effect unless and until suspended, discontinued, or terminated by GOODBRANDS, at any time, without notice. In the event of termination, you are no longer authorized to access this Website and the restrictions imposed on you with respect to the Materials or Content and the disclaimers and limitations of liabilities set forth in the TCU shall survive to the fullest extent permissible by applicable law. Notwithstanding the foregoing, you shall remain personally liable for any orders that you place or charges that you incur prior to termination.
If you have any questions about the TCU, or if you would like to request permission to use any Materials or Content from our Website, please feel free to contact us via our Customer Care Contact Form. Thank you, and we hope you enjoy our Website!
Copyright © 2019 GOODBRANDS. All rights reserved.
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