Last Modified: 03/10/2023
Please make sure to review the rules set out below that govern your use of our website. By using or accessing our website, you agree to these rules. If you do not agree to these rules, do not use the website.
These terms of use are entered into by and between You and The Good Charcoal Company LP (“The Good Charcoal”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.thegoodcharcoal.com (the “Website”) including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.thegoodcharcoal.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
The Good Charcoal may revise and modify these Terms of Use from time to time in our sole discretion without notice. All changes are effective immediately when posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are responsible for checking this page each time you access this Website, so you are aware of any changes, as they are binding on you.
The Good Charcoal reserves the right to modify this Website, and any service or material we provide on the Website, in our sole discretion without notice. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify The Good Charcoal immediately of any unauthorized access to or use of your user name or password or any other breach of security. The Good Charcoal reserves right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Good Charcoal, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as permitted by these Terms.
The Good Charcoal name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or are the property of The Good Charcoal or its affiliates or licensors. You must not use such marks without the prior written permission of The Good Charcoal, which permission we may withhold for any or no reason. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The Good Charcoal will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent as set forth below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Rob Silverman
The Good Charcoal Company LP
222 East 80th Street, Apt. 10FG, New York, NY 10075
rob@thegoodcharcoal.com
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to The Good Charcoal on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “communications”) shall be and remain the property of The Good Charcoal. Such disclosure, submission or offer of any communications shall constitute an assignment to The Good Charcoal of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any communications. The Good Charcoal shall therefore be free to use the content of such communications (including ideas, inventions, concepts, techniques) for any purpose including development and/or marketing of goods and services, and publishing of the communications on the Website. By participating in surveys, contests or promotions on this Website or by requesting promotional information or updates, you hereby agree that The Good Charcoal may use information about you for marketing, product development or promotional purposes and is under no obligation to pay you any compensation for any communications. You agree that no communications submitted by you to The Good Charcoal will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no communications submitted by you to The Good Charcoal will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any communications you make.
You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. You agree to access and use the Website only for your personal, non-commercial use.
The information presented on or through the Website is made available solely for general information purposes. The Good Charcoal does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The Good Charcoal may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date at any given time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information The Good Charcoal collects on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to The Good Charcoal’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by The Good Charcoal.
This Website may provide certain social media features. You may use these features solely as they are provided by The Good Charcoal, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions The Good Charcoal provides with respect to such features. You agree to cooperate with The Good Charcoal in promptly removing any unauthorized framing or linking.
The Good Charcoal reserve the right to withdraw linking permission without notice. The Good Charcoal may disable any or all social media features and any links at any time in our sole discretion and without notice.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Good Charcoal has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use thereof. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Good Charcoal provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do soon your own initiative and are responsible for compliance with local laws.
The Good Charcoal cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE GOOD CHARCOAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ONAN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE GOOD CHARCOAL NOR ANY PERSON ASSOCIATED WITH THE GOOD CHARCOAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE GOOD CHARCOAL NOR ANYONE ASSOCIATED WITH THE GOOD CHARCOAL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE GOOD CHARCOAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE GOOD CHARCOAL, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless The Good Charcoal, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website other than as authorized in these Terms of Use.
All matters relating to the Website, these Terms, or your use of the Website, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any and all disputes or controversies related to or arising out of the Website, these Terms, or your use of the Website shall be exclusively initiated, determined and adjudicated by binding arbitration through the American Arbitration Association and its applicable rules and procedures. The American Arbitration Association website can be found at www.adr.org. Any such arbitration proceeding shall be conducted virtually.
No waiver by The Good Charcoal of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with The Good Charcoal and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Terms of Use constitute the sole and entire agreement between you and The Good Charcoal regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by The Good Charcoal Company LP.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: rob@thegoodcharcoal.com
