Terms of Service

Effective Date: Jun 24, 2024

THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTIONS 23 AND 24, BELOW. PLEASE REVIEW CAREFULLY.

Introduction
Acceptance
Eligibility
Changes
Accounts
Trademark and Acceptable Use
User Contributions
Notice of Copyright Infringement
Prohibited Uses
Social Nature Rewards
Messaging Terms
Email Communications / Push Notifications
Monitoring and Enforcement; Termination
Accuracy of Information / Services
Taxes
Privacy
Links from the Website
Member Activity
Disclaimer of Warranties
Limitation on Liability
Indemnification
Force Majeure
Dispute Resolution
Class-Action Waiver
Opt-Out Procedure Applicable To All Consumers
California Consumer Notice
Governing Law; Jurisdiction and Venue
Waiver and Severability
Entire Agreement
Third Party Terms
Contact Us

1. Introduction

These Terms of Service govern: (1) your access and use of the websites, applications, and other digital properties managed and owned by Ethico Solutions Inc. and its subsidiaries and affiliates (collectively, “Social Nature”, “we”, “us”, or “our”) (collectively, “Sites”); and (2) your access and use Social Nature’s services (“Services”). The Sites, services, features, content, applications, or products offered by Social Nature are collectively referred to here as the “Services”.

2. Acceptance

Please read these Terms of Service carefully before you access and use the Services. BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. If you do not want to agree to these Terms of Service, you must not access or use the Services, or discontinue any access or use of the Services.

Please also review our Privacy Policy, which also governs your use of the Services, Messaging Terms & Conditions and any other terms and conditions and/or policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service (collectively the “Terms of Service”) fully and carefully before using the Website and/or the services, features, content, applications, or products offered by Social Nature.

These Terms of Service set forth the legally binding terms and conditions for your use of the Website and Services. We may add additional Sites from time to time as we expand our product offerings and these Terms of Service govern your use of our Websites and your conduct, regardless of the means of access.

3. Eligibility

The Services are offered and available to individuals who are 18 years of age or the age of consent in the state of your residence. If you do not meet all of these requirements, you must not access or use the Services.

4. Changes

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to your access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. If there are material changes to these Terms of Service, we may also provide you with notice of those changes through other channels, such as posting the changes to the Sites and/or communicating the changes via e-mail or other communication channels.

5. Accounts

Creating an Account. You must create an account with Social Nature in order to use the Services. To create an account, you will be required to submit your name, e-mail address, and be required to provide a password. Once your account is created, you will have the ability to provide additional information concerning your Social Nature profile. To learn more about how we use this information, please see our Privacy Policy. It is a condition of your use of the Services that all information you provide through the Services is correct, current, complete, and free from any viruses, unlawful, or otherwise harmful information.
Account Confidentiality. You must treat your account username and password as confidential and must not disclose such information 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 the Services or portions of it using your username, password, or other related information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security of such information. You also agree to ensure that you exit from your account at the end of each session on our Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Disabling the Account. We have the right to disable any username, 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 or any other user has violated any provision of these Terms of Service.
Keeping the Account Active. You must use your account to keep it active. This means you must sign in at least once in a twelve month period to keep your account, and associated Services, active, unless a longer period is provided under another agreement. We have the right to disable any account that is deemed to be inactive by us at our sole discretion.
Fraudulent Use. If we reasonably suspect that your account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access. We reserve the right to disable any account that is deemed to have been potentially or actively compromised in our sole discretion.
Account Ownership. You understand and acknowledge that you have no ownership rights in your account on the Services, and that if you cancel your account or your account is terminated, all information you have submitted as part of your account will be marked as deleted in and may be deleted from our systems. Information may be retained in our sole discretion.

6. Trademark and Acceptable Use

Protected Materials. The Services and their 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) (collectively, “Materials”) are owned by Social Nature, its licensors, or other providers of such material and are protected by United States, Canada, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Marks. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including but not limited to the Social Nature name and logo and other trademarks registered in the United States, Canada, and internationally (collectively, “Marks”) are the sole property of Social Nature or those brands to which the Marks apply. In addition, all page headers, custom graphics, and custom icons on the Services relating to Social Nature are Marks of Social Nature.
Limited Use.These Terms of Service permit you to use the Services for your personal, non-commercial use only. 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 Services, except as follows:
1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Prohibited Uses. You must not:
1. Modify copies of any materials from our Services.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
4. Access or use for any commercial purposes any part of the Services or content contained therein.
Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Social Nature. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. User Contributions

User Contributions. The Services contain interactive features and capabilities (the “Interactive Services”) that allow users to post, submit, publish, display, or transmit information and documents (including your information, reviews, ratings, and information that may be publicly displayed on or through the Services) (collectively, “User Contributions”). All User Contributions must comply with the standards and rules set forth in these Terms of Service.
Responsibility for Your User Contributions. You alone are responsible for your User Contributions, and once published or otherwise used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with your User Contributions, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Contribution that makes you personally identifiable. By submitting your User Contributions on or through our Services, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of your User Contributions as described in these Terms of Service and our Privacy Policy and that your User Contributions comply with these Terms of Service. You acknowledge that your User Contributions may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if your User Contributions contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Confidentiality and Social Nature’s Use of User Contributions. Any User Contributions submitted through the Services will be considered non-confidential, non-proprietary, and the property of Social Nature. Social Nature reserves the right to use, share, disclose, modify, display, distribute, and otherwise process any User Contributions for any purpose. Accordingly, once you submit User Contributions on or through our Services, you thereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable license and right to use your User Contributions for any purpose, including for a commercial purpose.

8. Notice of Copyright Infringement

Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Social Nature has implemented procedures for receiving written notification of claimed infringements. Social Nature has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit such a request to legal@socialnature.com containing the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your email address and your mailing address and/or telephone number;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to the Digital Millennium Copyright Act, by sending a Counter-Notice to legal@socialnature.com containing the following information:
1. Your physical or electronic signature;
2. Identification of the material removed or to which access has been disabled;
3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
4. Your full name, your email address, and your mailing address.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
1. 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, Canada, or other countries).
2. In any way that violates US, Canada, or international trade laws (including, without limitation, any laws and regulations implementing US and international sanctions programs on individuals, entities, or persons in sanctioned countries).
3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
5. To impersonate or attempt to impersonate Social Nature, a Social Nature employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Social Nature or users of the Services, or expose them to liability.
Additionally, you agree not to:
1. Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
3. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the Services.
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the Services.

Eligibility. As a member of our Services, you may be eligible to participate in certain Social Nature rewards programs (“Social Nature Rewards”). Social Nature retains the sole discretion to determine: (1) your eligibility to receive and/or redeem a Social Nature Reward offer; (2) the amount and nature of your Social Nature Reward; and (3) the duration of the Social Nature Reward program and offer. Social Nature also retains the sole discretion to deny any Social Nature Reward, or deduct previously awarded Social Nature Rewards, in the event you violate these Terms of Service.
Activation. To redeem a Social Nature Reward, you must activate the Social Nature Reward offer and validate your eligibility to receive the Social Nature Reward. To activate a Social Nature Reward offer, you must follow the instructions on the Social Nature page for activation, such as clicking on an “activate” button or similar process. Depending on the nature of the Social Nature Reward, you may also be asked to complete a survey or questionnaire prior to activating your Social Nature Reward offer. Any responses you provide during the activation state of your Social Nature Reward Offer will be treated consistent with our Privacy Policy.
Validation. To validate your Social Nature Reward offer, you must follow the instructions provided by Social Nature.
1. For those Social Nature Rewards requiring proof of purchase, you must: (1) purchase the exact product described in the Social Nature Reward offer (certain sizes and flavors may be excluded) and only through a valid participating retailer / store, as described in the product page on your account; and (2) submit a proof of purchase by taking a photograph or multiple photographs of your receipt and uploading those photographs to the Social Nature platform. The receipt will be reviewed by Social Nature as appropriate. The receipt must include, at a minimum, the following information: (1) the exact product described in the Social Nature Reward offer; (2) a purchase date not beyond the Social Nature Reward offer; (3) a reflection of a participating retailer / store; (4) have fully visible terms on the receipt, including store details, product details, date, time, and total purchase; and (5) be unique in that the receipt has not been used with a prior Social Nature Reward offer. Social Nature reserves the right to reject any receipts that do not meet the above criteria. Upon validation of your receipt, you will receive an e-mail communication with instructions on how to obtain the reward.
Redemption. Social Nature Rewards availability may vary and you are not guaranteed to receive a Social Nature Reward by purchasing any particular product. To be eligible to receive any Social Nature Reward, you must upload your receipt by the expiration date set forth on the Social Nature Reward offer page and before all offers are claimed (limited quantities available). The total offer subject to redemption will be determined by Social Nature. Social Nature Reward offers are for personal use only and may not be sold or resold. Any Social Nature Reward amount will be based on the dollar amount you paid on the product before tax and after any discounts are applied. Social Nature Rewards cannot be combined with other awards or programs. Social Nature Reward offers may be decreased or reversed if the product is returned or canceled, or if your actions are deemed abusive of the Social Nature Reward offer terms, or are obtained through untrue, libelous, illegal, fraudulent, or other behavior in violation of these Terms of Service.

11. Messaging Terms

Social Nature (the “Company”) offers its customers mobile alerts about order and shipping updates, abandoned cart notifications i.e. “apply to try reminders”, and other marketing messages about events, new products, and other offers by SMS message (the "SMS Service"). By participating in the SMS Service, you are agreeing to the Social Nature Terms of Service and to the Social Nature Privacy Policy. When you opt into our SMS program, you understand and agree that these Terms are incorporated into, and become part of, the SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

By participating in the SMS Service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Social Nature, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Social Nature reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Social Nature also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Social Nature, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. 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 Social Nature 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 Social Nature through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please email privacy@socialnature.com

Contact

This message program is a service of Social Nature, located at Suite 200 - 1238 Homer Street, Vancouver, BC, V6B 2Y5, Canada.

12. Email Communications / Push Notifications

E-mail Communications. To the extent you sign up for any e-mail communications, you may opt-out at anytime by following the prompt in those e-mail communications or by sending an e-mail requesting an opt-out to legal@socialnature.com.
Push Notifications. By using our Services, you agree to receive push notifications concerning our Services on through our Sites, Services, and other digital platforms we control.

13. Monitoring and Enforcement; Termination

We have the right to:

Take any action with respect to any use of our Services that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Social Nature.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Social Nature reserves the right to cancel your account, profile, User Contributions, or other related activities. Any decision by Social Nature relating to the cancellation, termination, or suspension of any member account or related Social Nature Rewards shall be final and binding.
Social Nature reserves the right to terminate a member’s account if a member has been inactive for a period of eighteen (18) months. A member will be defined as inactive based upon a member’s failure to login to the Services. When a member’s account has been terminated, all Social Nature Rewards shall be forfeited.
You may terminate your membership in the Services at any time, which shall be effective immediately. You may terminate your membership by contacting us at legal@socialnature.com or by using the “terminate membership” function where available. All Social Nature Rewards will be forfeited upon termination.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Services.

14. Accuracy of Information / Services

Social Nature makes every effort to ensure that all information through the Services, including descriptions of products, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information through the Services as soon as reasonably possible.
Social Nature does not represent/warrant/guarantee that a particular product will be available at a particular store.
The colors of products shown on our Sites will depend on many factors, including your display settings.
The actual sizes and shapes of products may differ from how they appear on your screen.
All descriptions of products through our Services are subject to change at any time without notice, and at our sole discretion. We further reserve the right to discontinue any product at any time. Any offer for any product is void where prohibited.
Pictures and images on the Services are for illustration purposes only. For an accurate description of any product and for details of what is included with any product please refer to the corresponding written description.
There occasionally may be information through our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services, including without limitation, descriptions except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.

15. Taxes

All taxes applicable to any Social Nature Reward provided by Social Nature to you under these Terms of Service will be your sole responsibility, and Social Nature shall not withhold or pay any amounts under any federal, provincial / state, or municipal income tax, social security, unemployment or worker’s compensation.

16. Privacy

To learn more about the information we collect about and from you when you use our Services, please see our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms of Service by reference.

17. Links from the Website

If the Services contain 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. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the Terms of Service of use for such websites.

18. Member Activity

Social Nature serves the right to remove a member from any campaign, program, task, activity, action, poll, survey, contest, sweepstakes, or similar program at any time for any reason. If you are removed from a program, you will be notified by Social Nature. Social Nature also reserves the right to periodically contact members with information, updates, and social offers, as permitted by law.

Social Nature programs may be offered to members based on various factors, in the sole discretion of Social Nature. If you qualify for a program, you will be provided instructions on how to join the program.

19. Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SOCIAL NATURE NOR ANY PERSON ASSOCIATED WITH SOCIAL NATURE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SOCIAL NATURE NOR ANYONE ASSOCIATED WITH SOCIAL NATURE REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SOCIAL NATURE 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.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SOCIAL NATURE, ITS AFFILIATES, OR THEIR 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 SERVICES, ANY WEBSITES LINKED TO IT, ANY PRODUCTS OBTAINED THROUGH THE SERVICES, 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.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to the Company through the Site during the prior twelve (12) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

21. Indemnification

You agree to defend, indemnify, and hold harmless Social Nature, its affiliates, licensors, and service providers, and its and their 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: (1) your violation of these Terms of Service; (2) you violation of any law, rule, regulation, or authority in connection with your use of the Services; (3) any negligent, reckless, or intentional acts or omissions committed by you in connection with your use of the Services; (4) any claim against Social Nature that your use of the Services infringes the rights of a third party, including relating to any claim for patent, copyright, trademark, or trade secret infringement; (5) any claim against Social Nature for libel, false advertisement, slander, defamation, copyright infringement, trademark infringement, false designation of origin, infringement of moral rights, disparagement, violation of privacy, publicity, identity, or other proprietary of rights, violation of patent or shop rights, piracy or plagiarism that arises out of your use of the Services.

If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

22. Force Majeure

Under no circumstances shall Social Nature be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

23. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

For purposes of this Section (Dispute Resolution), Social Nature shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

If you and Social Nature have a Dispute (defined below) and our customer service team is unable to resolve the concern, you and Social Nature agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include the initiating party's name and contact information (address, telephone number, and email address), sufficient information to enable the other party to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice shall be sent by email to: legal@socialnature.com or by mail to: Ethico Solutions Inc. DBA Social Nature, Attn: General Counsel, Suite 200 - 1238 Homer Street, Vancouver, BC, V6B 2Y5, Canada. You must personally sign the Notice. Social Nature's Notice shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Social Nature may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing of a complaint or prosecution of a demand for arbitration.

If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you and we agree that, except as set forth below, you unconditionally consent and agree that you are required to resolve any claim that you may have against the site or our services on an individual basis in arbitration. You and we agree that any disputes between us (including any disputes between you and a third-party agent of the company) will be resolved through binding and final arbitration and not in a court. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This includes, but is not limited to any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against company and/or its parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the site or the determination of the scope or applicability of this agreement to arbitrate (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. Such dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with Consumer Arbitration rules. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The rules are available at this link https://adr.org/sites/default/files/Consumer%20Rules.pdf.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of British Columbia, Canada, without regard to its conflict of laws provisions.

To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Ethico Solutions Inc. DBA Social Nature, Attn: General Counsel, Suite 200 - 1238 Homer Street, Vancouver, BC, V6B 2Y5, Canada, and (2) contact AAA and follow the appropriate procedures with AAA to commence the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Consumer Rules then in effect.

The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. This section will not apply in California.

The arbitration may be conducted by telephone if the claim is less than $2500 and the claimant so chooses, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed.

Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Vancouver, British Columbia, Canada. You and we will submit to the personal jurisdiction of the state or federal courts located within Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.

With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.

Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Exclusive Venue For Other Controversies. Social Nature and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of Washington and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such.

24. Class-Action Waiver

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

By participating in the SMS Service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Social Nature, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in Section 23 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Social Nature by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for Social Nature shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Social Nature shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and Social Nature shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Social Nature agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Social Nature. Should a court of competent jurisdiction decline to enforce these "Special Additional Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

25. Opt-Out Procedure Applicable To All Consumers

Notwithstanding any provision to the contrary, we agree that if Social Nature makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change by sending a written letter to the Social Nature Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms of Service, without any of the proposed amendments governing. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

26. California Consumer Notice

California users are entitled to the following consumer rights notice: The Services are provided by Social Nature. If you have a question or complaint regarding the Services, please contact us by writing to legal@socialnature.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

27. Governing Law; Jurisdiction and Venue

This Agreement will be governed by and construed in accordance with the laws of Canada and the province of British Columbia. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.

28. Waiver and Severability

No waiver by Social Nature of any term or condition set out in these Terms of Service 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 of Social Nature to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

29. Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitute the sole and entire agreement between you and Social Nature regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

30. Third Party Terms

You may choose to connect to our Services or communicate to us through third parties, such as through Facebook. Please note, you should read and understand those third party terms and privacy policy before accessing or using our Services. Our Privacy Policy and Terms only apply to our Services only, and do not apply to third parties.

31. Contact Us

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: legal@socialnature.com.

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