Healthy Baby Home Party Terms & Conditions
Updated effective: June 17, 2014.
These HEALTHY BABY HOME PARTY Terms and Conditions (these "Terms and Conditions") are a legally binding agreement between you and Seventh Generation, Inc. ("SG"). By applying to host a Healthy Baby Home Party, you agree to be bound by and acknowledge these Terms and Conditions.
To be eligible to participate in the Healthy Baby Home Party program, applicants must complete the application and meet the following criteria:
- Must be a parent of at least one child or have at least one child residing in your household;
- Must be at least eighteen (18) years of age; and
- Must reside in the United States.
SG may require selected participants to submit to age and/or identity verification.
You are not eligible to participate if you or any member of your immediate family or household (whether or not related) is an officer, director, or employee of (i) SG or any of its affiliates, or (ii) any of the promotional partners, advertising or promotions agencies, suppliers of promotion materials, internet promotion developers, judging or administration organizations, or auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Healthy Baby Home Party program (collectively, "Promotional Partners"). "Immediate family" means parents, children, stepparents, stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.
Eligible individuals may apply to participate in the Healthy Baby Home Party by visiting http://www.generationgood.net and submitting a completed application to SG. SG will review the applications and select the program participants, in its sole discretion, based on applicant responses. Applicants will be notified whether or not they have been selected to participate in the program via an email to the email address provided on the application. All successful applicants will be asked to confirm their intention to participate by email before they are sent the Healthy Baby Home Party Kit (defined below). Each applicant may submit only one (1) application per application cycle. Submitting an application during the current application cycle shall not preclude an applicant from submitting an application during a subsequent application cycle. The information contained in each applicant's application shall be truthful and accurate in all respects. SG reserves the right to cancel the participation of any participant in the Health Baby Home Party program who is determined by SG to have violated these Terms and Conditions.
Healthy Baby Home Party Program Description
Selected applicants will receive a kit of materials for hosting a Healthy Baby Home Party (the "Health Baby Home Party Kit"). SG has sole discretion as to what materials are included in any Healthy Baby Home Party Kit and, at its sole discretion, may substitute products or materials included in the Healthy Baby Home Party Kit. Selected applicants agree to host a Health Baby Home Party to educate others about how to protect children from the potentially harmful effects of toxic chemicals in everyday products and to promote awareness regarding such harmful effects.
Code of Conduct
If you are selected to host a Health Baby Home Party, you shall conduct yourself and the party in a responsible, safe and respectful manner. The Health Baby Home Party shall be hosted at a safe site that is free from dangerous or hazardous conditions. You shall not disparage or defame SG in any respect or make any derogatory comments regarding SG, or its current or former officers, directors or employees, or its business or operations. You shall not engage in or permit any illegal activities or harassing behavior at the Healthy Baby Home Party. You shall take all reasonable precautions to mitigate the risk of injury at the Healthy Baby Home Party.
By applying to participate in the Healthy Baby Home Party program, you agree to complete and return to SG surveys relating to the Healthy Baby Home Party program and your Healthy Baby Home Party experience. Each participant will be emailed a pre-party survey to be completed prior to hosting the party and a follow-up survey to be completed shortly after the participant's Healthy Baby Home Party. Participants may also receive a second follow-up survey approximately three months after the participant's Health Baby Home Party. You agree that to complete each of the above-described surveys that are sent to you and that completed survey shall be and remain the exclusive property of SG, and you hereby assign to SG of all worldwide rights, title and interests in the survey. SG will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way.
By applying to participate in the Healthy Baby Home Party program, you will automatically be enrolled to receive marketing and promotional communications from SG, unless you opt out. You will have the opportunity opt out of receiving such communications when you complete your application. In addition, you may opt out at any time following submission of your application. Here are the options for removing your user information from our database in order to not receive future communications.
You can send e-mail to firstname.lastname@example.org. You can follow the link included in any e-mail communications you receive.
You can send mail to the following postal address:
Seventh Generation Inc.
Attention: Web Site User Services
60 Lake St., Burlington, VT 05401-5218
You can call the following telephone number: 800-456-1191 (ask for Web Site User Services).
Please note that it may take up to ten business days for the address removal to take effect and you may receive additional mailings within that time.
LIMITATION OF LIABILITY
SG AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER IT HAS BEEN NOTIFIED SUCH LOSS MAY OCCUR), RELATING TO THE HEALTHY BABY HOME PARTY PROGRAM, INCLUDING WITHOUT LIMITATION ANY ACT OR OMISSION IN SG'S ADMINISTRATION, IMPLEMENTATION OR OPERATION OF THE HEALTHY BABY HOME PARTY PROGRAM, CONDITIONS OR HAZARDS AT THE SITE OF THE HEALTH BABY HOME PARTY, MATERIALS INCLUDED IN A HEALTHY BABY HOME PARTY KIT, OR THE CONDUCT OR ANY ACT OR OMISSION BY ANY HEALTHY BABY HOME PARTY HOST OR GUEST, IN EACH CASE WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES, SHALL THE RELEASED PARTIES HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OF OUR PROMOTIONAL PARTNERS NOR THEIR ACTIONS OR FAILURE TO ACT.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
DISCLAIMER OF WARRANTIES
ANY AND ALL MATERIALS PROVIDED TO A PARTICIPANT IN THE HEALTHY BABY HOME PARTY PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESS, IMPLIED, ORAL OR STATUTORY, IS PROVIDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS PROVIDED IN A HEALTHY BABY HOME PARTY KIT OR OTHERWISE.
You agree to defend, indemnify and hold the Related Parties and the Promotional Parties, harmless from and against any claims, demands, losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs of suit) to the extent arising out of or in connection with your application to participate in, or your participation in, the Healthy Baby Home Party program, including without limitation conditions or hazards at the site of the Healthy Baby Home Party, your conduct or any guest's conduct at the Health Baby Home Party, or your violation of these Terms and Conditions or your breach of these Terms and Conditions or any warranty or representation set forth herein.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and SG by these Terms and Conditions.
Governing Law; Venue
You acknowledge and agree that these Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Vermont, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Vermont. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
In the event that any provision or any portion of any provision of these Terms and Conditions shall be held to be void or unenforceable, then the remaining provisions of these Terms and Conditions (and the remaining portion of any provision held to be void or unenforceable in part only) shall continue in full force and effect, and these Terms and Conditions shall be construed to further the intent embodied in the original provision to the fullest extent permissible under applicable law.
No waiver on one occasion shall be deemed a waiver on any other occasion unless expressly stated in the written waiver.
If you have any questions or concerns regarding these Terms and Conditions please contact us by e-mail at email@example.com.
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