Privacy Policy

GOODER FOODS, INC. PRIVACY POLICY

This Privacy Policy describes how Gooder Foods, Inc. (“Gooder Foods,” “the Company,” “we,” “us” and “our”) collects, uses, discloses and stores information you provide to us through the Gooder Foods websites, including HTTPS://GOODLES.COM and goodles-gma.myshopify.com (the “Site(s)”), and through other interactions with us such as email, text message, and phone communications, as well as the purchase of Gooder Foods products including but not limited to the sale of GoodlesTM mac and cheese and other noodle-based products (collectively, the “Services”).

This Privacy Policy describes: • Information that we collect when you interact with the Services • How we use and process the information that we collect • How we may share information with third parties • The security of your information

User Consent. PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Services, you consent to the collection and processing of your information as described in this Privacy Policy. By using the Services, you accept the terms of this Privacy Policy, our Terms of Use and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Links to Other Sites.
The Services may contain links and widgets related to third-party websites and services, such as social networks (a “Third Party Service”), with which we have no affiliation. A link to or other availability of any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to the privacy policy and practices of the third party that operates the Third Party Service and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.
Information We Collect. “Personal Information” generally means any information that can be used alone or in combination with other information to identify you as an individual, and any other information we associate with it. We collect categories of information, from different sources. We may collect the following Personal Information: a. Profile information and other content you voluntarily provide us, which may include: • Contact information when you register on our Site or make a purchase, such as your name, street address, phone number, and/or email address; or when you provide your email address or other contact information to receive marketing communications from us about our products. • Any content or contributions you post in a public space on the Site. This includes reviews, comments, videos and photos that you might submit. If you contact us through a social media site, we may collect your social media identifier. • Any information you provide in communications with us, such as via social media, email, text message, or our customer call center. • Transaction history, for instance if you make a purchase from our online store. • Payment information, such as when you make a purchase with us and we need your billing information to process the transaction. If you sign-up for a subscription, our third-party payment processor will maintain your payment card information on file to process your future transactions. In addition, with your consent, our third-party payment processor saves your payment card information for secure 1-click checkout. b. Information that is passively collected when you use the Site, such as by third party analytics tools we use: • We may record certain information about visitors to our Site, including the web request, Internet Protocol (“IP”) address, device and mobile ad identifiers, browser information, interaction with the Site, pages viewed, and other such information; we may collect similar information from emails you receive from us that can help us track which emails are opened and which links are clicked by recipients. • We use certain cookies, pixel tags and other technologies to help us understand how you use the Site and enable us to personalize your experience on the Sites. To learn more about our use of cookies, please see Section 4, Cookies and Other Information Collection Tools, below. We may ask advertisers or other third-party partners to serve ads or services to your devices, which rely on cookies or similar technologies placed on our Site. • With your consent, we may detect the physical location of your device by, for example, general location information shared by your device’s IP address. We collect this information for purposes of providing you with information about promotions or new products that may be relevant to you. We may use your device’s IP address to better understand how our Site and other services and functionality are being used. Should you wish to opt out of the collection of this information, please adjust the settings of your device or web browser so that information about your physical location is not sent to us by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please consult your device settings for further information. c. Where permitted by applicable law, we may receive information from third parties such as advertising and marketing partners, public databases, and social media platforms, to supplement the information we receive from our consumers. If we do so, this policy governs how we can use that information. d. In addition to collecting Personal Information, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify or anonymize information so it no longer identifies you. We can aggregate and use such information (“Aggregated Data”) to engage in marketing and other activities in a manner that is privacy sensitive since it does not include Personal Information. Aggregated Data may be derived from Personal Information, but is not considered Personal Information under the law if it cannot be used alone or in combination with other information to directly or indirectly reveal a person’s identity.
Cookies and Other Tracking Technologies. What are cookies? A cookie is a small file containing a string of characters that is sent to your computer when you visit a website or use an online service. When you visit the website again, the cookie allows that site or online service to recognize your browser. Cookies may store unique identifiers, user preferences and other information. Why do we use them? Cookies help us improve the Services by providing us with information about which parts of the Services are most popular, enabling us to analyze technical and navigational information about the Services, and helping us to detect and prevent fraud. We also use cookies and other data collection tools (such as web beacons and server logs) to help improve your experience with the Services. For example, we use Google Analytics to help us measure traffic and analyze how users use the Services (such as the pages most read, time spent, search terms and other engagement data), and to understand more about the demographics of our users and evaluate and improve the user experience and the Sites. These tools use cookies to collect standard internet log information and visitor behavior information. To learn how to turn off cookies, please see Section 8, Choices with Your Personal Information and Opting Out, below. a. Important Notes About your Opt-Out: • If you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us across the Internet, but the ads may be less relevant to you and your interests. • Interest-based advertising opt-outs work by saving cookies in your browser that tell the various ad partners that you have opted-out. Because cookies are generally browser-specific, your choice will only apply to the web browser from which you opt-out. You must opt-out from each web browser from which you do not want interest-based advertising (and this may involve different devices, if you use more than one). If you delete or clear your browser’s cookies, you will need to opt-out again.
How Information is Used. We may use the information we collect for purposes that include: • to provide the Services to you, including processing transactions and sending related communications; • to operate, improve, and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us; • for customer service, security, to detect fraud or illegal activities and for archival and backup purposes in connection with the provision of the Services; • for research and analysis purposes, such as determining trends in consumption of our products and determining where our products may be in demand; • to communicate with users where permitted by applicable law; • to permit you to participate in social sharing, including social media feeds; • to fulfill your requests, such as those relating to ordering and payments; • to comply with applicable law and legal process; • purposes we disclose to you at the time we collect the information; and • to enforce our Terms of Use or other applicable policies.
Sharing of Information.
We may share or disclose information as described at the time information is collected or as follows: With Third Party Service Providers Performing Services on Our Behalf. We share information, including personal information, with our service providers to perform the functions for which we engage them. For example, we may use third parties to host the Services, provide data analysis and research services, send out email updates about the Services, provide marketing, analytics and advertising services for us, remove repetitive information from our user lists, and to help us deliver our products and services to customers and process payments. For Legal Purposes. We and our U.S. service providers also may share information that we collect from users as needed to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions in accordance with applicable privacy laws. We and our service providers will disclose personal information as we deem necessary to respond to a subpoena, warrant, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. We may also share personal information as required to pursue available remedies or limit damages we may sustain. Corporate Changes. We may transfer information, including your personal information, in connection with a proposed or completed merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part).
Security and Retention of Your Information.
We employ reasonable security measures designed to protect the security of personal information submitted through the Services. However, the security of personal information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Users of the Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Services. In order to protect us, you and your data, we may suspend your use of the Services, without notice if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Services are restricted to authorized users only. Unauthorized access to such areas is prohibited.
Choices with Your Personal Information and Opting Out.
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information: • Cookies and Other Tracking Technologies. Web browsers typically allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Mobile devices may also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Services. • Google Analytics. If you would like to opt-out from the processing of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose at HTTPS://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT. • Email and Text Message Marketing Communications. If you do not wish to receive marketing or promotion messages from us, you can opt out by following the instructions using the “Unsubscribe” link on any email you receive from us or by replying STOP to any text message. If you opt out of receiving such communications, note that we may continue to send you non-promotional transactional or informational emails (such as order confirmation emails or emails about changes to our legal terms). Please note that making such requests does not ensure complete or comprehensive removal of your content. For example, we may retain the information for our own internal records in accordance with the terms of this Privacy Policy.
Effective Date and Changes to Privacy Policy.
The Effective Date of this Privacy Policy is set forth at the top of this webpage. We may change this Privacy Policy from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current privacy practices. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.
Non-U.S. Visitors.
All personal information we collect through the Services is currently processed in the United States by us or by a service provider acting on our behalf. When you provide personal information to us through the Services, your personal information will be transferred to and processed in the United States. The Services are currently hosted in the United States.
Children. We do not knowingly collect or maintain personal information from any person under the age of thirteen. No parts of our Services are directed to or designed to attract anyone under the age of thirteen.
Your California Privacy Rights.
To learn more about California residents’ rights under the California Consumer Privacy Act, please see the PRIVACY NOTICE FOR CALIFORNIA RESIDENTS, below.
Do Not Track.
The Services do not support Do Not Track with respect to the Services at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.
Access and Correction.
You may access and change or correct the personal information you provide to us to receive marketing or other communications from us by logging into your Account and adjusting your information within your profile. You may also request access to or correction of other personal information in our records (subject to limitations under applicable law) by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to personal information records. Where no overriding legal basis or legitimate reason continues to exist for processing personal information, you may request that we delete your personal information. We will take all reasonable steps to ensure erasure.
Notices.
Please send all questions, comments and notices regarding this Privacy Policy to our Privacy Leader at privacy@goodles.com.
Contact Us If you have any questions or concerns about Gooder Foods’ privacy policy and practices (or the privacy practices of our service providers), please contact our Privacy Leader at privacy@goodles.com.

CALIFORNIA CONSUMER PRIVACY ACT: PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This California Privacy Policy describes Gooder Foods, Inc.’s (“Gooder Foods,” “we,” “us,” or “our”) practices regarding the collection, use, and disclosure of the personal information of California residents (“Consumers”), describes the rights of Consumers under the California Consumer Privacy Act of 2018 (“CCPA”), and explains how Consumers may contact Gooder Foods to exercise those rights. This policy only applies to the personal information of Consumers (i.e., California residents). Consumer Rights

This section describes certain rights of Consumers under the CCPA. For information on how Consumers may contact Gooder Foods to exercise these rights, please see the section below entitled, “How to Submit a Request.” Right to Know

A Consumer has the right to request that a business disclose what personal information it collects, uses, discloses or sells. Specifically, a Consumer may request that a business that collects personal information about the Consumer disclose to the Consumer the following:

The categories of personal information it has collected about that Consumer.
The categories of sources from which the personal information is collected.
The business or commercial purpose for collecting or selling personal information.
The categories of non-affiliated entities with whom the business shares personal information.
The specific pieces of personal information it has collected about that Consumer.

A Consumer may request that a business that sells the Consumer’s personal information, or that discloses it for a business purpose, disclose to that Consumer:

The categories of personal information that the business collected about the Consumer.
The categories of personal information that the business sold about the Consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
The categories of personal information that the business disclosed about the Consumer for a business purpose. Right to Request Deletion

A Consumer has the right to request that a business delete any personal information about the Consumer which the business has collected from the Consumer. If it is necessary for Gooder Foods to maintain the personal information for certain purposes, we are not required to comply with your deletion request. If we determine that we will not delete your personal information when you request us to do so, we will inform you and tell you why we are not deleting it.

Right to Opt-Out of Sale of Personal Information Gooder Foods does not sell Consumers’ personal information. However, the collection of data through certain third-party cookies for Gooder Foods’ targeting advertising purposes may be considered a “sale” under the CCPA. While Gooder Foods does not sell Consumers’ personal information, we do use third party cookies for targeted advertising purposes. To opt-out of having your information shared with third party digital advertising vendors for this purpose, please refer to the section “How to Submit a Request” below.

No Discrimination A Consumer has the right not to be discriminated against because the Consumer exercised any of the Consumer’s rights under the CCPA. Gooder Foods may charge a Consumer a different price or rate, or provide a different level or quality of goods or services to the Consumer, if that difference is reasonably related to the value provided to the Consumer by the Consumer’s data.

How to Submit a Request To exercise the rights described above, you must submit a verifiable Consumer request to us. You can do so by emailing us at privacy@goodles.com. Please include “CCPA” in the subject line and detail your request in the body.

You may submit a request as frequently as you would like, but we are not required to respond to requests to provide personal information to you more than twice in any 12-month period. If you maintain an online account with us, we will verify your identity for a request through the normal account authentication process. To submit a verifiable Consumer request, you will be asked to provide certain information to help us verify your identity. Once you submit your request via email, we will require you to email us from the email address you previously provided to us or used to communicate with us. You may make a verifiable Consumer request on behalf of your minor child. You may also designate an authorized agent to make a request on your behalf by submitting your authorization to us via a verified form of communication, such as through the email address you previously provided to us or previously used to communicate with us. If we cannot verify your identity or authority to make the request, we will not be able to comply with your request. We will inform you if we cannot verify your identity or authority. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request. How we collect, use and share personal information of Consumers Gooder Foods has collected the following categories of personal information about Consumers in the twelve (12) months prior to the effective date of this policy: Identifiers: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Name, address, telephone number. Some personal information included in this category may overlap with other categories. Commercial information: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Internet or other electronic network activity information: Including, but not limited to, browsing history, search history, and information regarding a Consumer’s interaction with an Internet Web site, application, or advertisement.

Geolocation data: Physical location or movements. Inferences drawn from any personal information: Profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Gooder Foods collects the personal information described above from or through the following categories of sources: • From you directly, including when you provide us with information over our website in our online forms or during in person surveying events; and • From service providers, including companies that provide analytics services to help us understand the activity on our website. Gooder Foods collects the personal information described above for a variety of business purposes. Gooder Foods uses the personal information: • to provide the Services to you, including processing transactions and sending related communications; • to improve the Services; • to operate, improve, and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us; • to provide you with information about products and services that we think may be of interest to you and to learn about your interest in our products and services; • for customer service, security, to detect fraud or illegal activities and for archival and backup purposes in connection with the provision of the Services; • for research and analysis purposes, such as determining trends in consumption of our products and determining where our products may be in demand; • to communicate with users, including to re-contact you if we have not heard from you in a while; • to permit you to participate in social sharing, including social media feeds • to fulfill your requests, such as those relating to ordering and payments; • to comply with applicable law and legal process; • purposes we disclose to you at the time we collect the information; and • to enforce our Terms of Use or other applicable policies. Gooder Foods may share the personal information described above with the following categories of non-affiliated entities: • Service providers to assist us in providing our products and services to you, including service providers that: o host our databases, infrastructure and website; o process payments of orders made through our website; o provide analytics services to help us understand the activity on our website; o assist us with customer service; o assist us with marketing and communications with our clients or potential clients; and o assist us with the financial, regulatory and legal aspects of our business. • Courts or governmental entities as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. • In connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part). Gooder Foods has not sold personal information about Consumers in the twelve (12) months prior to the effective date of this policy. Contact for More Information If you have any questions or concerns about Gooder Foods’ privacy policy and practices, please send an email to privacy@goodles.com.

Terms of Use

GOODER FOODS INC. TERMS OF USE

THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GOODER FOODS, INC. PLEASE READ THEM CAREFULLY.

These Terms of Use (the “Terms”) apply to the Gooder Foods, Inc. (“Gooder Foods,” “we,” “us,” and “our”) websites, including goodles.com and goodles-gma.myshopify.com, (collectively, the “Site"), and any purchase of Gooder Foods’ products (“Product(s)”) from the Site. The Site is the property of Gooder Foods and its licensors. By using this Site and/or purchasing something from the Site, you agree to these Terms and our Privacy Policy (the “Privacy Policy”); if you do not agree with these Terms or the Privacy Policy, then you may not use this Site. You acknowledge that you have reviewed these Terms and the Privacy Policy in their entirety, that you agree to these Terms and the Privacy Policy in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS.

CHANGES TO THESE TERMS

Gooder Foods reserves the right to modify or amend the Terms without notice at any time. Changes will become effective immediately. Please check back from time to time to ensure you are aware of any updates or changes. Your continued use of the Site following any modifications or amendments to the Terms will mean that you agree to the changes. The amended Terms supersede all previous versions.

WHO MAY USE THE SITE You may use this Site so long as you agree to be bound by, and act in accordance with, these Terms and you are at least 13 years old. If you use the Site and are between thirteen (13) and the age of majority in your jurisdiction of residence, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and the age of majority in your jurisdiction of residence and have your parent’s or legal guardian’s permission to use the Site (who are of adult age in your jurisdiction), or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

CONDITIONS OF USE

You may use this Site and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) provided on the Site only as expressly provided in these Terms or as stated on the Site. All right, title, and interest in and to the Content are the exclusive property of Gooder Foods and its licensors. The Site and Content are protected by United States, Canadian and international copyright and trademark laws. All rights not expressly granted herein are reserved to us and our licensors. The use of this Site does not confer upon you any rights to any intellectual property including but not limited to patents, trademarks, copyrights, design, user interfaces, trade dress, or computer code.

We authorize you to view or download the Content on the Site solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content. Content and features are subject to change or termination without notice in our editorial discretion.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs, malware or other material which is potentially malicious or technologically harmful.

You may not use this Site in any manner that interferes with the services Gooder Foods provides via this Site nor may you attempt to access the Site in any other manner than those that we purposely provide to you or are otherwise permitted by law. This includes but is not limited to attempts to gain unauthorized access, imposing an unreasonably large load on the Site’s infrastructure, or any other attempts to interfere with Gooder Foods’ intended working of the website as well as the experience of other visitors. You may not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content.

You may not use this Site in any way that violates any applicable federal, state, provincial/territorial local or international law or regulation. If you use or attempt to use this Site or the Content in any way not expressly permitted by this Site, your right to use the Site will terminate automatically and you must immediately destroy any copies you have made of any portion of the Content. Unless we have entered into a separate written agreement with you that authorizes you to resell our Products, you are not permitted to resell or otherwise use any of the Products you purchase for commercial purposes.

We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to others generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

THIRD-PARTY LINKS AND INFORMATION

The Site may contain links to third-party materials that are not owned or controlled by Gooder Foods. Please understand that those third-party websites and Products may have different terms of use and privacy policies, and that these links are provided solely as a convenience to our visitors and Gooder Foods has no control over, is not responsible for, and does not endorse or make any representations whatsoever about the content of these linked websites. The information collected by such third party websites is not covered under our Privacy Policy. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, malware and other items of a destructive or harmful nature. Your use of third-party websites is at your own risk and you expressly relieve Gooder Foods from any and all liability arising from your use of any such third-party website, service, or content.

PRODUCTS AVAILABLE FOR DIRECT-TO-CONSUMER PURCHASE

Consumers in the United States and Canada may be able to purchase Products directly on the Site. If you do make a payment through our Site, you agree to have your payment information transferred to our third-party payment processor and its affiliates for purposes of processing your payment. We do not access or store your full credit or debit card number. We accept credit and debit cards and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. For preorder items, your method of payment will be charged at the time you place your preorder. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse, cancel, terminate or not to process any orders placed (including accepted orders) for the Product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

All of our Products are subject to availability, and we reserve the right, at our sole discretion, to impose quantity limits on any order, to discontinue offering certain Products, or refuse to accept or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or adherence to our fraud avoidance policies. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit or debit card has already been charged, we shall promptly issue a credit to your credit or debit card account in the amount of the charge

PRODUCT INFORMATION

Gooder Foods attempts to be accurate in describing its Products on the Site. We do not warrant that the product and service descriptions, including the weight or volume of the Products or other content of this or any other website are complete, reliable, current, or error-free.

CANCELLATION POLICY

General: At this time, we cannot promise to make product changes to your order once submitted. When placing orders, it is your responsibility to ensure the order and delivery information is accurate. We are unable to guarantee cancellation, but if you contact us as soon as possible (at help@goodles.com), we will use reasonable efforts to cancel your order, depending on the timing of your request. Due to processing time, the ability to make changes is not guaranteed.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree to use the Site and in full compliance with all applicable laws and regulations. You shall be solely responsible for your comments, opinions, reviews, statements, feedback, suggestions, messages, comments, ideas, notes, and other content that you (i) you submit or post on the Site; (ii) send or provide to us by email, by postal mail, by text/SMS/MMS message, by phone, or otherwise; or (iii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #Goodles, #AllGoodles, @AllGoodles or any other Gooder Foods related or promoted hashtag or properties (collectively, “User Content”). We do not claim ownership in your User Content. However, by submitting any User Content in any form to us, in addition to other provisions of these Terms, you automatically grant Gooder Foods, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the commercial purpose of displaying and promoting such User Content on any website or other Site owned or operated by, and in any related marketing materials produced by, Gooder Foods and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content. You also grant to Gooder Foods and its affiliates, successors and assigns the exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in that User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you also represent and warrant to us that either you own all Rights in your User Content or all third party holders of Rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above.

We may, but have no obligation to, monitor, edit or remove content, in our sole discretion, including without limitation, any content that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e?mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Messaging Terms & Conditions

User Opt In: By affirmatively opting in to receive text messages to get on our Do-Gooder list, through the Site or application-based enrollment forms, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (including cart reminders) from Gooder Foods, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up. Consent to receive automated marketing text messages is not a condition of any purchase. Standard Msg & Data rates may apply. Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Cancellation of Messaging

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to opt-out of receiving text messages from Gooder Foods. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Gooder Foods and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Gooder Foods through any other programs you have joined until you separately unsubscribe from those programs.

Customer Care

If you are experiencing any problems, please visit or email help@goodles.com.

Contact

This message program is a service of Gooder Foods, Inc., located at 415 River Street, Unit A, Santa Cruz, California 95060.

Our Disclaimer of Warranty:

Messaging is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Age Restriction: You may not use or engage with Messaging if you are under thirteen (13) years of age. If you use or engage with Messaging and are between thirteen (13) and the age of majority in your jurisdiction of residence, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with Messaging, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and the age of majority in your jurisdiction of residence and have your parent’s or legal guardian’s permission to use or engage with Messaging (who are of adult age in your jurisdiction), or are an emancipated minor. By using or engaging with Messaging, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with Messaging.

PRIVACY

We care about your privacy. Your personally identifiable information will be collected, used, and disclosed as set forth in our PRIVACY POLICY, which we recommend you review.

WARRANTIES AND DISCLAIMERS OF WARRANTIES

GOODER FOODS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR SPECIFIC PROMISES ABOUT THE SITE OR PRODUCTS OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS OR THE PRIVACY POLICY, AND GOODER FOODS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, WHICH MAY VARY BY JURISDICTION, WE DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT. GOODER FOODS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND LINKED SITES. GOODER FOODS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER DESTRUCTIVE OR HARMFUL PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS (INCLUDING MAJOR ALLERGENS DISCLOSED ON THE PRODUCTS’ LABELS) BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS MAY HAVE BEEN STORED NEAR PRODUCTS CONTAINING INGREDIENTS IDENTIFIED AS MAJOR ALLERGENS, INCLUDING BUT NOT LIMITED TO WHEAT, SOY, PEANUTS AND TREE-NUTS, AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOODER FOODS AND ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE “GOODER FOODS REPRESENTATIVES”) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR INJURIES FOR ANY CAUSE OF ACTION UNDER ANY LEGAL THEORY THAT RELATES IN ANY WAY TO YOUR ACCESS, OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION). GOODER FOODS SHALL NOT BE LIABLE EVEN IF GOODER FOODS OR A GOODER FOODS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GOODER FOODS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE INFORMATION CONTAINED THEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS. TO THE EXTENT PERMITTED BY LAW, GOODER FOODS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES, NOT TO EXCEED THE LESSER OF THE AMOUNT YOU PAID GOODER FOODS WITHIN THE PAST THIRTY (30) DAYS, OR ONE HUNDRED DOLLARS ($100) USD. IN ANY EVENT, GOODER FOODS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

The limitations of liability provided in these Terms inure to our benefit to all of the Gooder Foods Representatives.

Some jurisdictions (which may include the Province of Quebec) do not allow the disclaimer of warranties or limitation of certain damages so certain of the foregoing disclaimers and limitations may not apply to you.

The Site is controlled and operated from facilities in the United States. Gooder Foods makes no representations that the Site is appropriate or available for use in locations other than the United States or Canada. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, Canadian and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States or Canada, or are a foreign person or entity blocked or denied by the United States or Canadian government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States or Canada.

INDEMNIFICATION

You agree to indemnify and hold harmless Gooder Foods and Gooder Foods Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; (vi) any User Content you upload to, or otherwise make available through, the Site or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

GOVERNING LAW, ARBITRATION, VENUE, AND CLASS ACTION WAIVER

Governing Law. You agree that subject to applicable law (which may include the Province of Quebec): (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. Subject to applicable law (which may include the Province of Quebec), this Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Subject to applicable law (which may include the Province of Quebec), you agree to submit to the personal jurisdiction of the state courts located in Santa Cruz County, California and the Federal Courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Subject to applicable law (which may include the Province of Quebec), you agree that Santa Cruz County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES (EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOODER FOODS. For any dispute with Gooder Foods, you agree to first contact us at legal@goodles.com and attempt to resolve the dispute with us informally. In the unlikely event that Gooder Foods has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Cruz County, California, unless you and Gooder Foods agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a reduced and capped fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; and (ii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Gooder Foods from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GOODER FOODS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Opt-out. You have the right to opt out of the arbitration and class action waiver provisions of these Terms by sending written notice of your decision to opt out to the following address: legal@goodles.com within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
Exclusive Venue. If you send the opt-out notice in Section D, and/or in any circumstances where the foregoing arbitration agreement permits either you or Gooder Foods to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Gooder Foods agree that any judicial proceeding (other than small claims actions) will (except where prohibited by applicable