Terms of Service

TERMS AND CONDITIONS

Welcome to TheGoodPatch.com, provided by La Mend, Inc., and its affiliates, subsidiaries, parent company, and other related companies (“Us”, “We”, or “Company”). These are the terms and conditions, legal notices & disclaimers (“Terms”) for your use of services or features on TheGoodPatch.com (the “Site”). You may be accessing our Site from a tablet, computer or mobile phone device and these Terms govern your use of our Site and your conduct, regardless of the means of access. We may interact with you on third party sites (“Third Party Sites”) where we post content or invite your feedback, such as (i) https://www.facebook.com/TheGoodPatch, (ii) https:// twitter.com/TheGoodPatch; or (iii) https://www.instagram.com/TheGoodPatch. Our Terms and other areas of our Site may provide guidelines and rules and regulations (collectively “Guidelines”) in connection with our services, including services that may involve Third Party Sites, but the Company does not control those Third Party Sites, and these Terms and our Guidelines do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third Party Sites. By using the Site, you signify your agreement to these Terms, our Privacy Policy and our Guidelines, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

HEALTHCARE DISCLAIMER

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. If you are taking any medication or are under treatment for any disease, please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice. The Company shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. To the extent that any medical information on this site is provided it is solely for informational purposes only, and is not to be used or relied on for any diagnostic or treatment purposes. This information does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.

ACCESS TO THIS SITE

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time without notice.

U.S. LAW APPLIES

This site is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products is legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. We reserve the right to change or modify any of the terms and conditions contained in the Terms and Guidelines from time to time at any time, without notice, and in our sole discretion. If we decide to change these Terms, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms or Guidelines will be effective upon posting. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms and our Guidelines and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

SMS/TEXT MARKETING

By either (a) agreeing to our Terms of Service and Privacy Policy or (b) entering your phone number to opt-in to replenishment reminder messages and clicking “Submit”, you agree that we or our providers may send you text notifications and text marketing offers. While variable based on your purchase behavior, marketing-based text messages will not exceed 5 per month. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply.

VIEWING INFORMATION

While we make every effort to accurately display the colors of packaging and products, the actual colors you see may vary because the colors shown on this Site are computer simulations or photographs of the products.

PRODUCT REVIEWS / RESPONSIBILITY FOR YOUR CONTENT

You agree that your comments made in product reviews 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 comments 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 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. We may, but have no obligation to, monitor, edit or remove content, including any content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. For any content that you submit, you grant The Good Patch Brand, its parent(s), successor(s), affiliate(s) and its retail and promotional partners, a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content, including your name, likeness, social media handle, screen name, location, and other information about you that you include in the content, and to incorporate such content into any form, medium or technology throughout the world without compensation to you.

DISCLAIMER

YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. By purchasing products from this site, you accept all liability for the legality of purchasing these products in your state or jurisdiction.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

THIRD PARTY- LINKS

In an attempt to provide increased value to our visitors, The Good Patch/ LaMend may link to sites operated by third parties. However, even if the third party is affiliated with The Good Patch/ LaMend, The Good Patch/ LaMend has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Good Patch/ LaMend. These linked sites are only for your convenience and therefore you access them at your own risk.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Site.

DISPUTE RESOLUTION

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to the courts of Tennessee. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our privacy policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exists on all text, images and original stories/videos/photos relating to The Good Patch/ LaMend and the full content of this website.“The Good Patch”/ “LaMend” are trademarks of the Company and/or BDK Group, LLC as applicable, in the United States and elsewhere. The “The Good Patch” name and names of any other products including on this website are also trademarks of BDK Group, LLC and may be registered in the United States and other countries. The brand names and logos of The Good Patch/ LaMend are trademarked.

PROMOTIONS & DISCOUNTS

Email Sign-Up: The 15% off offer in exchange for email sign up is valid for one purchase per customer on www.thegoodpatch.com. This offer includes 15% off all individual products site wide but is not valid on “Subscribe and Save” subscription purchases. After you’ve entered your coupon code in the shopping cart, the discount will automatically be adjusted in your cart. This coupon code and offer cannot be used in conjunction with any other offers, coupons or promotions. This offer may be extended or changed at The Good Patch’s discretion. Subscribe & Save: A Subscribe & Save (subscription) coupon code discount is only taken off the first/initial order and no other orders in the subscription. Not all coupon codes and offers are valid on Subscribe & Save purchases. Please contact customer support for more details.