Terms and Conditions
Welcome to PostGoodness.com!
PostGoodness.com is an online service that allows you to declare and share your good intentions. PostGoodness.com allows you declare your intentions as well as view, comment on and share the intentions posted by others on PostGoodness.com (the "Site") and through third party applications. We call the services available on the Site, whether accessed directly, or through the third party applications, the “Service(s).”
1. Sharing Your Content
a) Your content. PostGoodness.com allows you to post content on the Service, including photos, comments, and other materials. Anything that you post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.
b) How PostGoodness.com and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on the Site for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Post’s rights under separate licenses to User Content. Please remember that the PostGoodness.com Service is a public platform, and that other Users may search for, see, and/or use any User Content that you make publicly available through the Service.
c) How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account, Post may retain your User Content for a commercially reasonable period of time for backup, archival, marketing, or audit purposes. Furthermore, Post and other Users may retain and continue to display, reproduce, modify, re-arrange, and distribute any of your User Content that other Users have liked or shared or which you have posted to public or semi-public areas of the Service.
d) Your responsibility for your content: PostGoodness.com provides a positive place for you to declare intentions and interact with others. To keep it that way, we must also insist that you only use our Service in a manner that is consistent with these Terms and we reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms.
e) Definition of Intellectual Property Rights. “Intellectual Property Rights” refers to all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
f) Feedback you provide: You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is not confidential and is gratuitous, unsolicited and without restriction; your disclosure will not place Post under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Post does not waive any rights to use similar or related Feedback previously known to Post, or developed by its employees, or obtained from sources other than you.
2. PostGoodness.com Content
a) PostGoodness.com Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“PostGoodness.com Content”) are the property of Post and its licensors. Except as expressly provided in these Terms, you agree not to copy, use, modify, reproduce, republish, distribute, sell, license, or otherwise exploit the PostGoodness.com Content without our written consent. There's one exception: you may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices. But please don't modify the materials or use them for any other purpose; if you do, you'll be violating our intellectual-property rights.
b) Our license to you. Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing PostGoodness.com Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. Post may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Post reserves all other rights and no other rights are granted by implication or otherwise.
c) Information about health & wellness:, Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
3. Copyright Policy
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Post’s Copyright Agent with Notice - you must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
For your Notice to be effective it must include ALL information set forth in 1. - 6. above.
Post’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Post Foods, LLC
One Upper Pond Road, Bldg. E., Fl. 2
Parsippany, NJ 07054
4. Using PostGoodness.com
a) Who can use PostGoodness.com? You may use the Service only if you can form a binding contract with Post, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the PostGoodness.com community, the Service is not available to any Users previously removed from the Service by Post.
c) Terminating your account. You may close your account at any time by contacting us. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any of these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How Post and other users can use your content), 1c (How long we keep your content), 1f (Feedback you provide), 1e (Definition of Intellectual Property Rights), 2a (PostGoodness.com Content), 3 (Copyright Policy), 4c (Terminating your account), 4e (Your interactions with other Users), and 6 through 11 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section above.
d) Changes to the Service. Post may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
e) Your interactions with other Users. You are solely responsible for your interactions with other Users. Post reserves the right, but has no obligation, to monitor disputes between you and other Users. Post will have no liability for your interactions with other Users, or for any User’s action or inaction.
5. Privacy and Security
6. Third-party Sites and Services
The Service may contain mentions of third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Post. Post does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Post will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to indemnify and hold harmless Post and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or PostGoodness.com Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, POST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
POST takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, POSTGOODNESS.COM CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER POST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, POSTGOODNESS.COM CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL POST’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR POSTGOODNESS.COM CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. Post makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
10. Arbitration and Governing Law:
a) For any dispute you have with Post, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that Post has not been able to resolve a dispute it has with you after attempting to do so informally, Post, in our sole discretion, may require you to submit any disputes arising from the use of the Site or any Service, or these Terms concerning or including disputes arising from or related to their interpretation, violation, nullity, or invalidity to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Any such Arbitration shall be governed by the laws of the State of New Jersey and shall be conducted in Morris County, New Jersey. Any award in any Arbitration shall be limited to monetary damages only and shall include no injunction or similar remedy. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages, except as required by statute. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b) Governing Law. You agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Post, either specific or general, in jurisdictions other than New Jersey. These Terms shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Morris County, New Jersey or the United States District Court for New Jersey, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
11. General Terms
a) Notification Procedures and changes to these Terms. Post may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Post in our sole discretion. Post reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms. Post may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. Post is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
b) Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Post without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c) Export Control. Any software or technology obtained from Post through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Post may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
d) Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Post in connection with the Service, shall constitute the entire agreement between you and Post concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
e) No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Post’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
f) Contact. Please contact us with any questions regarding these Terms.
These Terms were last modified on July 9, 2012.