Special Terms & Conditions

Introduction
 

Thanks for using Goodies Banana Pudding, LLC.

Please read these Terms carefully. By using Goodies Banana Pudding or signing up for an account, you are agreeing to these Terms. We will start with the basics, including a few definitions that should help you understand this agreement. Goodies Banana Pudding is a snack food company. It's services are offered through the URL www.goodiesbananapudding.com. (We will refer to it as the “Website”) that allows you to complete and purchase vision training services, review blogs, and other education materials. Goodies Banana Pudding, LLC is owned and operated by Goodies Banana Pudding, LLC d/b/a Goodies Banana Pudding, a Kentucky limited liability corporation (“Goodies Banana Pudding ,” “we,” or “us”). 
 

These Terms govern your access to and use of Goodies Banana Pudding, products, website and/or services (individually or collectively, the "Products") and any information, content, text, graphics, photos, or other materials uploaded, downloaded, purchased, or appearing on or through the Products (collectively referred to as "Content"). These Terms apply to all visitors, users, and others who access and use this website or our products, services, or programs ("Users", or “you”).
 

By accessing or using the Products you agree to be bound by these Terms.
 

Please read these terms carefully to ensure that you understand each provision. These terms contain a mandatory individual arbitration and class action/jury trial waiver provision that, to the extent applicable to you, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you sign up for Goodies Banana Pudding on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
 

Nothing in these Terms supersedes or limits your rights under the terms and conditions of any written agreement you have entered with Goodies Banana Pudding regarding the use of Products, or applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered with Goodies Banana Pudding, the terms and conditions of the written agreement shall control.
 

These Terms of Use define the terms and conditions under which you are allowed to use Goodies Banana Pudding, and how we will treat your account. If you have any questions about our terms, feel free to contact us.
 

ACCOUNT

1. Eligibility

To use, book or purchase services from Goodies Banana Pudding , you must:

• be at least eighteen (18) years old and able to enter contracts.
• complete the registration process.
• agree to the Terms; and
• provide true, complete, and up to date contact information. 
   
  

Anyone under the age of 18 interested in our services must have the parent or guardian consent. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse. Goodies Banana Pudding  requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of a Goodies Banana Pudding  products by such minor. Goodies Banana Pudding  reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult or educational institution, upon such adult’s request.
 

By using Goodies Banana Pudding , you represent and warrant that you meet all the requirements listed above and that you won’t use Goodies Banana Pudding  in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Goodies Banana Pudding  may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Privacy & use of personal information

Any information that you provide to Goodies Banana Pudding , including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Products (“Your Information”), will be collected, maintained and used in order to provide the Products to you or your institution, or in accordance with these Terms, our privacy policy located here ("Privacy Policy").

3. Your license to use the products

A. License

Goodies Banana Pudding gives you a personal and worldwide license to use its Products, subject to these Terms and any agreement entered by you or the company, solely for the intended use of the Products, and not for competitive intelligence, analysis, or demonstrations. You may not copy, modify, distribute, sell, or lease any part of our Products, nor may you reverse engineer or attempt to extract the source code of any Product, unless laws prohibit those restrictions, or you have our written permission.

B. Acceptable use

When using the Products you must not: (i) circumvent, disable or otherwise interfere with any security related features of the Products or features that prevent or restrict use or copying of the content accessible via the Products; (ii) create more than one account for use with a particular Product (however, you may connect all your social networks or other Product accounts, in each case that we support, to your account for use with such Product); (iii) give any false or misleading information or permit another person to use a Product under your name or on your behalf; (iv) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Goodies Banana Pudding , if this is not the case; (v) use a Product if we have suspended or banned you from using it; (vi) send junk, spam, repetitive messages, unsolicited advertising or marketing email, call, or text messages, or engage in any activities that violate anti-spamming laws and regulations, including but not limited to, the CAN-SPAM Act or 2003, the Telephone Consumer Protection Act, or other federal, state or local laws relating to emails, calls, or text messages; (vii) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property; (viii) modify, interfere, intercept, disrupt or hack any Product or collect any data from a Product other than in accordance with these Terms of Use; (ix) misuse the Products by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Products or any User of the Products' equipment; (x) submit or contribute any Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive (in each case unless such Content is submitted or contributed for a predominantly educational purpose, such as, for example, historical materials contributed via a Product for class discussion); (xi) submit or contribute any Content without the permission of the content owner or otherwise infringe the copyright, trademark, privacy, publicity, or other rights of third parties; (xii) use any Content in violation of any licensing terms specified by the owner; (xiii) submit or contribute any information or commentary about another person without that person's permission; (xiv) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or take any action that is likely to harass, upset, embarrass, alarm or annoy any other person; or (xv) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access a Product in a manner that sends more request messages to the Product than a human can reasonably produce in the same period of time.

Failure to comply with these rules of acceptable use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use our Products; (b) immediate, temporary or permanent removal of any Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.

C. Changes to the products

We may, without prior notice, change any Product; stop providing any Product or features of any Product, to you or to Users generally; or create usage limits for any Product. We may permanently or temporarily terminate or suspend your access to any Product without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
 

4. Goodies Banana Pudding  rights

The Products are always evolving and the form, nature, and/or functionality of the Products may change from time to time without prior notice to you. In addition, Goodies Banana Pudding  may stop (permanently or temporarily) providing the Products (or any features within the Products) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

All right, title, and interest in and to the Products (excluding Content provided by Users or other third parties) are and will remain the exclusive property of Goodies Banana Pudding  and its licensors. The Products are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Goodies Banana Pudding  name or any of the Goodies Banana Pudding  trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Goodies Banana Pudding , or the Products is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
 

5. Registration obligations & passwords

You may never use another User’s account without permission from Goodies Banana Pudding. In consideration of your use of the Products, you agree (a) that Your Information will be true, accurate, current, and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current, and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other Goodies Banana Pudding products that permit single sign-on to the Products) and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols, and have at least eight (8) characters) with your account. You agree to (a) notify Goodies Banana Pudding of any unauthorized use of your password or User identification and any other breach of security, and (b) ensure that you exit from your account at the end of each cycle. 

6. Social Media Accounts

Goodies Banana Pudding reserves the right and has absolute discretion to screen, review, filter, edit, refuse, or remove without notice any content posted on any Goodies Banana Pudding social media including:
 

Comments which include offensive, inappropriate or obscene language or content (including images, videos or links);

• Threatening, abusive or insulting statements are likely to stir up hatred.
• Material infringing copyright or intellectual property rights.
• Material in breach of privacy or confidentiality obligation; and
• Spam messages.
• Users must be 18 years or older to sign up to and post on Goodies Banana Pudding social media accounts otherwise they need parental consent. 

7. Termination

We may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Products is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Products.
 

Further, if you stop using the Products for more than 365 days, your accounts may be deleted, and Goodies Banana Pudding assumes no responsibility for Content deleted following inactivity. If you wish to delete your Goodies Banana Pudding Product account(s) in their entirety(ies), you may contact us goodiesbananapudding.com, and specify which Goodies Banana Pudding Product account(s) you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law.

8. Disclaimers & limitations of liability

Please read this Section carefully since it limits the liability of Goodies Banana Pudding and its affiliates, related companies, owners, officers, directors, employees, agents, representatives, partners, and/or licensors (collectively, the “Goodies Banana Pudding Entities”). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
 

A. The products are available “AS-IS”

Your access to and use of the Products or any Content are at your own risk. You understand and agree that the Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Goodies Banana Pudding entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained from any of the Goodies Banana Pudding Entities or through the Products will create any warranty not expressly made herein.
 

B. HIPAA disclaimer

Goodies Banana Pudding does not warrant or provide any assurances that your use of the Products will comply with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). If you are a health care provider, health plan, insurer, health care information clearinghouse or other entity that may be considered a “covered entity” under HIPAA or a “business associate” of a “covered entity” under HIPAA, you shall take all steps necessary to comply with HIPAA and shall be responsible for any applicable compliance with HIPAA. You agree that you will not provide Goodies Banana Pudding with any protected health information (as that term is defined under HIPAA) and that Goodies Banana Pudding is therefore not deemed to be a business associate of you and/or your institution for purposes of compliance with HIPAA.
 

C. Third-Party links and resources

The Products may contain links to third-party websites or resources. You acknowledge and agree that the Goodies Banana Pudding Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Goodies Banana Pudding Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you access a third-party website or service from a Product or share your Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites.

D. Limitation of liability

To the maximum extent permitted by applicable law, the Goodies Banana Pudding  entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the products; (ii) any conduct or content of any user or other third party on, though, or associated with the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the products; or (iv) unauthorized access, use or alteration of your transmissions or content.

In no event shall the aggregate liability of the Goodies Banana Pudding entities exceed the greater of one hundred u.s. dollars (u.s. $100.00) or the amount you paid Goodies Banana Pudding, if any, in the past six months for the products giving rise to the claim.

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether the Goodies Banana Pudding entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Further, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

E. Indemnity

You agree to defend, indemnify and hold harmless Goodies Banana Pudding  and its owners, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to a Product, including any data or content transmitted or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any Content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of a Product with your unique username, password or other appropriate security code.
 

9. Account Disputes

We do not know the inner workings of your organization or the nature of your personal relationships, and we do not arbitrate disputes over who owns an account. You will not request access to or information about an account that is not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the email in that account. 

10. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

11. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

12. Subpoena Fees

If we must provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

13. Force Majeure

We will not be held liable for any delays or failure in the performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

14. No Changes in Terms at Request of Subscribers

Because we have so many Subscribers, we cannot change these Terms for any one Member or group.
 

15. Notification of Security Breach

In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened. If we determine and notify you.
 

16. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: 

Attn. Legal Department, Goodies Banana Pudding, LLC, 

4308 Blue Sky Court, Louisville, KY 40216
 

17. Entire agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Goodies Banana Pudding and you regarding the Products. Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered with Goodies Banana Pudding regarding the use of Products, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered with Goodies Banana Pudding, the terms and conditions of the written agreement shall control.
 

We may revise these Terms from time-to-time, the most current version will always be linked to at https://www.SensoriSafety.com/. If the revision, in our sole discretion, is material we will notify you through the Products or through the email associated with your profile. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.
 

These Products are operated and provided by Goodies Banana Pudding:

310 East Broadway

Louisville, KY 40202 

Congratulations! You have reached the end. Thanks for taking the time to learn about Goodies Banana Pudding policies.

Updated April 24, 2024