Last updated: January 23, 2023
Terms of Service as updated from time to time ("Terms",
"Terms of Service") govern Your use of and/or access to any
software or services that Sustainable Brands makes available for purchase,
Sustainable Brands’ website at sustainablebrands.com and all subdomains
thereof, the Brands For Good website at sbbrandsforgood.com and all subdomains
thereof, the SB Brand Transformation Roadmap Self Assessment Tool at sbroadmap.com
and all subdomains thereof, and related third-party services operated by, under
license by, or used by Sustainable Brands ("us", "we", or
"our"), (collectively, the "Service") .
access to and use of the Service is conditioned upon Your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users,
customers, subscribers, and others who wish to access or use the Service. Personally
identifying information is subject to our
accessing or using the Service You agree to be bound by these Terms. If You disagree
with any part of the Terms then You do not have permission to access the
Accounts and Passwords
1.1 When You create an
account with the Service (“Account”), You guarantee that You are 18 years of
age, or the age of majority in Your province, territory or country. Individuals
under the age of 18, or applicable age of majority, may utilize the Service
only with the involvement of a parent or legal guardian, under such person’s
account and otherwise subject to these Terms (“You”). You guarantee that the
information You provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of Your Account on the Service.
1.2 You are responsible for
maintaining the confidentiality of the credentials, including passwords,
associated with Your Account. You agree to accept responsibility for any and
all activities or actions that occur under Your Account and/or password,
whether Your password is with our Service or a third-party service. You must
notify us immediately upon becoming aware of any breach of security or
unauthorized use of Your Account.
1.3 You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trademark that is subject to any rights of another person or
entity other than You, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene. You may not use another
person’s email address in conjunction with the Service and we reserve the right
to verify Your identity via email.
1.4 We reserve the right to
refuse service, terminate Accounts, remove or edit Content, or cancel orders at
our sole discretion.
1.5 We own and retain all
right, title, and interest in and to the Service, and any enhancements of,
modifications to, or derivative works based upon, the Service. Except as
provided in these Terms, we do not convey to You any rights in the Service,
express or implied, or ownership in the Service or any intellectual property
rights thereto. Any rights in the Service not expressly granted to You under
these Terms are reserved by us. For purposes of clarity, in no event will You
be granted any intellectual property rights in the Service except for those
expressly granted by these Terms. You agree that these Terms do not contemplate
any joint development activities between us.
2.1 Portions of the Service
allow You to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other information or material
("Content"). You are responsible for the Content that You post on or
through the Service, including its legality, confidentiality, reliability, and
appropriateness. By posting Content on or through the Service, You represent
and warrant that: (i) the Content is Yours (You own it) and/or You have the
right to use it and the right to grant us the rights and license as provided in
these Terms, and (ii) that the posting of Your Content on or through the
Service does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person or entity. We reserve the
right to terminate the Account of anyone found to be violating these
representations and warranties infringing on a copyright. You retain any and
all of Your rights to any Content that You submit, post or display on or
through the Service and You are responsible for protecting those rights. We
take no responsibility and assume no liability for Content You or any third
party posts on or through the Service on Your behalf. We have the right but not
the obligation to monitor and edit all Content provided by users.
2.2 Other than Your Content,
any information, text, graphics, videos, or other material found on or through
this Service (“Our Content”) are the property of Sustainable Brands or are used
with permission. You may not distribute, modify, transmit, reuse, download,
repost, copy, or use Our Content, whether in whole or in part, without express
advance written permission from us. The Service, its features and
functionality, Our Content, and any data anonymously derived from Content
provided by users, are and will remain the exclusive property of Sustainable
Brands and its licensors. The Service is protected by copyright, trademark, and
other laws of both the United States and foreign countries. Our trademarks and
trade dress may not be used in connection with any product or service without
the prior written consent of Sustainable Brands.
2.3 We are constantly
updating product and service offerings on the Service. We may experience delays
in updating information on the Service and in our advertising on other
websites. The information found on the Service may contain errors or
inaccuracies and may not be complete or current. Products or services may be
mispriced, described inaccurately, or unavailable on the Service and we cannot
guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
3. Subscriptions and Payment Terms
3.1 Purchases. If You wish
to purchase any product or service made available through the Service
("Purchase"), You may be asked to supply certain information relevant
to Your Purchase including, without limitation, Your credit card number, the
expiration date of Your credit card, Your billing address, and Your shipping
information. You represent and warrant that: (i) You have the legal right to
use any credit card(s) or other payment method(s) in connection with any
Purchase (“Payment Method”); and that (ii) the information You supply to us is
true, correct and complete.
3.2 Subscription Plans. Some
products and services offered under the Service are billed on a subscription
basis ("Subscription(s)"). The prices, features, options, and
duration (“Subscription Term”) of a Subscription depend on the plan
(“Subscription Plan”) selected by You. We do not
guarantee that Your particular Subscription Plan will be offered indefinitely.
to Subscription Plans. We reserve the right to change the prices, features, or
options included in a particular Subscription Plan at any time as we may
determine in our sole and absolute discretion, without notice, provided that
such changes shall not take effect until Your next applicable Subscription
Term. Your continued use of the Service after these price
changes come into effect constitutes Your agreement to pay the modified
Subscription fee amount.
All Purchase fees, including Subscriptions, are exclusive of all taxes, and You
must pay any applicable sales, use, VAT, GST, excise, withholding, or similar
taxes or levies, whether domestic or foreign, other than taxes based on the
income of Sustainable Brands (“Taxes”). You will not deduct any applicable
taxes from the payments to us, except as required by law. If such deduction is
required by law, You will increase the amount payable as necessary so that
after making all required deductions and withholdings, Sustainable Brands
receives and retains (free from any such liabilities) an amount equal to the
amount it would have received had no such deductions or withholdings been made.
for Billing. By signing up for a Subscription Plan, You authorize us and third
party partners to charge Your Payment Method on a recurring and periodic basis
(e.g. monthly, quarterly, or yearly depending on Your Subscription Plan)
(“Billing Cycle”), with or without an invoice, for the applicable Subscription
charges, any usage or overage charges, and any and all applicable Taxes and
fees. Such authorization is effective until the end of all of Your Subscription
Terms have lapsed.
and Trials. AT THE END OF EACH SUBSCRIPTION TERM, IF YOUR SUBSCRIPTION IS SET
TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A PAYMENT METHOD
TO US FOR THE SUBSCRIPTION, WE MAY CHARGE YOUR PAYMENT METHOD AUTOMATICALLY AT
THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU CANCEL YOUR AUTO-RENEWAL
PRIOR TO THE END OF THE SUBSCRIPTION TERM.
3.7 Third Party Billing. The
Service employs the use of Stripe and other third party services, for the
purpose of facilitating payment and the completion of Purchases. By submitting
Your information to us: (i) You grant us the right to provide the information
(ii) You grant Stripe the right to use the information for the purpose of
facilitating payment and completion of Purchases, subject to Stripe’s Privacy
Policy, located at https://stripe.com/privacy.
3.8 Electronic Invoices.
Should automatic billing fail to occur for any reason, Sustainable Brands
and/or its third party partners may issue an electronic invoice indicating that
You must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice.
Refunds. Subscription and usage or overage fees (and any other fees associated
with the services, including higher subscription fees for upgrades) are
non-refundable and non-creditable, except where required by law. Subscriptions
may be canceled, and such cancellations take effect at the end of Your
then-current Subscription Term (for example, if You are on a paid annual
Subscription Plan the cancellation will take effect the following year). Once
Your cancellation is effective, You will be downgraded to a free plan and will
lose Subscription features and functionality. If You don’t pay for Your
Subscription(s) on time, we reserve the right to suspend Your Account or remove
3.10 Term. These Subscription
and Payment Terms are effective until all Subscription Terms for the
Subscriptions have expired or are terminated as expressly permitted herein.
3.11 Payment and Renewals. You
agree to pay applicable fees for the entire Subscription Term. You cannot
cancel or terminate a Subscription Term. If no Subscription Term start date is
specified on the applicable order form, Your Subscription starts when You first
obtain access to the applicable Sustainable Brands Service. Each Subscription
Term will automatically renew for additional successive periods equal to the
initial Subscription Term (e.g. if You have an annual plan then the
Subscription will renew for an additional 12 month term) unless: (i) otherwise
stated on the applicable order form; (ii) we update the terms of Your
Subscription Plan; or (iii) You or we cancel Your Subscription auto-renewal
using Your online Account management page before the end of the then-current
Subscription Term. Pricing for any Subscription Term renewal, new order form,
or order form changes will be based on the Subscription Term’s then-applicable
4. Suspension and Termination of Service
4.1 Suspension of Service.
We may suspend Your access to Your Subscription(s) if: (i) Your account is
overdue; or (ii) You have exceeded Your Subscription allocations / service limits.
We may also suspend Your access to Your Subscription(s) if we determine that:
(a) You have breached any portion of these Terms, or (b) suspension is
necessary to prevent harm or liability to other customers or third parties, or
to preserve the security, stability, availability or integrity of the Service.
We will have no liability for taking action as permitted above. For the
avoidance of doubt, You will remain responsible for payment of fees during any
suspension period under this Section 4.1. However, unless these Terms have been
terminated, we will cooperate with You to promptly restore access to Your
Subscription(s) once we verify that You
have resolved the condition requiring suspension.
4.2 We may terminate or
suspend Your Account and bar access to the Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of the Terms.
4.3 If You wish to terminate
Your Account, remove auto-renew from any Subscriptions You may have and simply
discontinue using the Service.
4.4 All provisions of the
Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
4.5 Effect of Termination.
Upon any expiration or termination of these Terms or an order form: (i) Your
rights to use the Service terminate and You must promptly: (a) stop use of the
Service; (b) delete (or, at Sustainable Brands’s request, return) any and all
copies of any Sustainable Brands code, documentation, passwords or access
codes, and any other Sustainable Brands confidential information in Your
possession, custody, or control; and (ii) Your right to access any of Your
Content in the Service will cease and we may delete Your Content at any time
after 30 days from the date of termination.
5.1 Definition; Protection
Period; Return of Information. “Confidential Information” means information
disclosed by us to You pursuant to these Terms whether in written, oral,
electronic, website-based or other form, including, but not limited to, trade
secrets, software, strategies, techniques, drawings, specifications, technical
or know-how data, research and development, ideas, inventions, patent
disclosures, product roadmap and testing information (including, but not
limited to, any beta testing products and any results of any penetration
testing on any products and/or services), marketing information, financial
information, pricing information, customer/vendor related data, security
policies and procedures, services and support information and other business
information including, but not limited to, information that has been made
available to us by third parties that we are obligated to keep confidential.
Upon our written request, You will promptly return all Confidential Information
received from us, together with all copies, or certify in writing that all such
Confidential Information and copies thereof have been destroyed.
Use. You will use the same degree of care, but no less than a reasonable degree
of care, as we use with respect to our own similar information to protect the
Confidential Information and to prevent (i) any use of Confidential Information
not authorized in these Terms; (ii) dissemination of Confidential Information
to any of Your employees, contractors, and/or agents without a need to know and
who is not subject to legally binding obligations of confidentiality with respect
to the Confidential Information that are no less restrictive than those imposed
by these Terms; (iii) communication of Confidential Information to any third
party; or (iv) publication of Confidential Information.
These Terms impose no obligation upon You with respect to Confidential
Information that (i) You can demonstrate was already in Your possession before
receipt from us; (ii) is or becomes publicly available through no fault of You;
(iii) is rightfully received by You from a third party without a duty of
confidentiality; (iv) is disclosed by us to a third party without a duty of
confidentiality on the third party; (v) is independently developed by You
without a breach of these Terms; or (vi) is disclosed by You with our prior written
approval. If You are required by a government body or court of law to disclose
Confidential Information, You agree to give us prompt advance notice and
reasonable assistance so that we may have a reasonable opportunity to object to
the disclosure and seek a protective order or appropriate remedy.
5.4 Remedies. You acknowledge that damages for improper
disclosure of Confidential Information may be irreparable; therefore, we may be
entitled to seek equitable relief, including injunction and preliminary injunction,
in addition to all other remedies available at law or in equity.
5.5 Disclaimers. We warrant that we have the right to disclose
our Confidential Information. No other warranties are made, and no
responsibility or liability is or will be accepted by us, as to the accuracy or
completeness of the Confidential Information. All Confidential Information is
provided “As Is”.
Providing any suggestions, enhancement requests, recommendations, corrections,
or other feedback to us (collectively, “feedback”) is strictly voluntary. If You provide any feedback to us, orally or
in writing, You hereby grant to us a worldwide, perpetual, irrevocable,
transferable, sub-licensable, royalty-free license to use and incorporate into
the Service any feedback.
agree to defend, indemnify and hold harmless Sustainable Brands and its
licensees and licensors, and their directors, officers, employees, contractors,
partners, agents, suppliers, or affiliates, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees), indirect, incidental, special,
consequential or punitive damages, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from (i)
Your access to or use of or inability to access or use the Service or any
Subscriptions, by You or any person using Your Account and password; (ii) any
conduct or content of any third party on the Service; (iii) any content
obtained from the Service; (iv) a breach of these terms or; (v) Content posted
on the Service; or (vi) unauthorized access, use or alteration of Your
transmissions or Content.
7. Disclaimers and Limitations on Liability
of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
7.2 Disclaimers. YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR COURSE OF PERFORMANCE. SUSTAINABLE BRANDS ITS SUBSIDIARIES,
AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION
UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY
ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
8.1 Governing Law. These
Terms shall be governed and construed in accordance with the laws of the State
of California, United States, without regard to its conflict of law provisions.
8.2 Survival. Our failure to
enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these Terms will remain
in effect. These Terms constitute the entire agreement between us regarding our
Service, and supersede and replace any prior agreements we might have had
between us regarding the Service.
8.3 Changes to Terms and
Assignment. We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. Such revisions shall be effective immediately. What
constitutes a material change will be determined at our sole discretion. We may
assign our agreement with You to any affiliated company or to any entity that
succeeds to all or substantially all of our business or assets related to the
Service or applicable Subscription(s). By continuing to access or use our
Service after any revisions become effective, You agree to be bound by the
revised terms. If You do not agree to the new terms, You are no longer
authorized to use the Service.
have any questions about these Terms, please contact us at firstname.lastname@example.org