Legal Terms | Gestalt Goodness | Speech Therapy Materials

DISCLAIMER

Last updated March 24, 2024.

All information on the Gestalt Goodness, LLC Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PROFESSIONAL DISCLAIMER

The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/health advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.

Client reviews

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

TERMS AND CONDITIONS

Welcome to the www.gestaltgoodness.com & gestaltgoodnessdigital.com website. If you continue to browse and use www.gestaltgoodness.com & gestaltgoodnessdigital.com website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy govern Gestalt Goodness, LLC’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

If you have any questions or concerns about these Terms and Conditions, please email us at hello@gestaltgoodness.com

This agreement is in effect as of December 27, 2024.

1. DEFINITIONS

“Seller” or “Company”, “Gestalt Goodness”, “us”, “our” and “we” are references to the owner of this Website, www.gestaltgoodness.com & gestaltgoodnessdigital.com website, whose registered office is Gestalt Goodness, LLC.
“Buyer”, “you”, “your” and “yourself” are references to the user or viewer of this Website and purchaser of the Goods from us;
“Goods” means any tangible or intangible products purchased or ordered either directly or indirectly through the Website;
“Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods on www.gestaltgoodness.com & gestaltgoodnessdigital.com website which incorporates this User Agreement;
“User Agreement” or “Terms” means these Terms and Conditions;
“Website” or “Site” means the www.gestaltgoodness.com & gestaltgoodnessdigital.com website and all related content and mobile applications;
“Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this Site.

2. GENERAL

This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases of Goods are governed by this User Agreement. The purchase of Goods through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website you agree that you will access the content solely for your personal and non-commercial use. This User Agreement applies to the purchase of goods from www.gestaltgoodness.com & gestaltgoodnessdigital.com website only.

Gestalt Goodness Goods are for sale strictly to individuals 18 years of age and older. Misrepresentation of a Buyer's age is not the responsibility of the Seller.

3. YOUR ORDER

Please read the following carefully about placing an order for Goods on www.gestaltgoodness.com & gestaltgoodnessdigital.com website:

In order to make purchases through the Website, the Buyer will be requested to register and provide personal details. In particular, Buyer must provide their real name, phone number, email address, mailing address, billing address, and other requested information as indicated.

When ordering items, you as the Buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.

All orders are subject to acceptance and availability. We reserve the right not to accept the Buyer's order in the event, for example:

we are unable to obtain authorization for payment; or
the item ordered is out of stock; or
the order placed is incomplete or inaccurate due to technical or other reasons beyond our control.

In such cases an order placed by Buyer will not be accepted and the Contract between Buyer and Seller will not be formed.

Once a choice has been made and the order has been placed, the Buyer will receive an introductory email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the Buyer cancels the order in accordance with our Cancellation policy, acceptance of the order and completion of the Contract between Buyer and Seller will be perfected when we send an email to you confirming acceptance of your order.

The Website displays Goods, which form its collection. They are normally Goods that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at hello@gestaltgoodness.com who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.

4. PRICE

Prices for our Goods are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The prices of Goods (inclusive of any applicable shipping fees, sales taxes, and processing fees) displayed on the Website at the time the order is accepted will be honored. Prices are subject to change without notice.

From time to time, We may offer discounted or promotional rates on our Goods. You acknowledge that any discounts or promotions are only applicable if the discount or promotion is clearly set out as applicable on our Website.

5. PAYMENT

Payments for Goods must be made at the time the order is placed through this Website. Payment can be made by purchase orders, credit card payment (e.g. Visa, Paypal, etc.)

Available payment methods may vary from time to time and region to region. In all cases, the Contract between Buyer and Seller will not be completed and delivery will not occur until we are satisfied that the payment has cleared. All Payments are exclusive of any taxes or duties imposed by your jurisdiction’s tax law. We will not be responsible for any taxes or duties owed by you.

We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) you have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).

All credit card transactions on the Website are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The Seller does not hold any credit card details on our Website or in our customer database.

6. DELIVERY FOR PHYSICAL GOODS

Please carefully review the following delivery guidelines before placing your order so you may choose the delivery option most suitable for you:

The Seller will give the Buyer an estimated delivery date for the Goods, but no such estimated times or dates provided by us are guaranteed. Delivery times are never guaranteed. Orders may take up to 15 days for processing and fulfillment from when the order is placed, and daily cutoff time is 4pmEST.

The Seller will arrange for packing and shipping according to the method of delivery chosen by the Buyer during the checkout process.

Any risk of loss for the purchased Goods passes to the Buyer at the time shipping carrier (i.e. USPS, UPS, Fedex, etc.) takes possession of the Goods.

FedEx and UPS do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select accordingly, so that the package is not delayed and/or returned.

The Buyer must check the Goods immediately upon delivery and contact the Seller if there are any problems with the Goods. The Buyer must notify the Seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.

In the case that the Goods have been damaged in transit, the Buyer must keep all packaging, as this may be required when making a claim.
The Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond the reasonable control of the Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, epidemic/pandemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.

7. LIMITED PRODUCT WARRANTY FOR PHYSICAL GOODS

Seller warrants to Buyer that for a period of 14 days from the date of delivery of the Goods ("Warranty Period"), such Goods will materially conform to any published specifications in effect at the time of purchase and will be free from material defects in material and workmanship.

Seller shall not be liable for a breach of the warranty under this Section unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within [NUMBER] days of delivery of the Good; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods are defective.

The Seller shall not be liable for a breach of the warranty under this Section if: (i) Buyer makes any further use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the use of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.

Subject to provisions set forth in this Section, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro-rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller.

THE REMEDIES SET FORTH IN SECTION 7 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 7.]

8. RETURNS AND EXCHANGES

No refunds or exchanges are accepted once the order is shipped. Please contact us at hello@gestaltgoodness.com if you have any concerns.

9. REGISTRATION

To access the Website or the resources it offers, you may be asked to provide certain registration details or other information to Us (“Registration Details”), including but not limited to, Name, Home Address, Work Address, Phone Number, Email Address, Social Media Account Information, or Payment Information. You represent and warrant that all the Registration Details that you may provide on the Website are correct, current, and complete. You agree that all Registration details you provide, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [https://www.gestaltgoodness.com/legal-terms], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may submit or receive a user name, password or other confidential information as part of using or accessing our Site. As part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Registration Details are personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your Registration Details or any other breach of security by emailing us at hello@gestaltgoodness.com. You also agree to ensure that you exit from the Site at the end of each session. 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 Registration Details. We have the right to disable any user name, password or other identifier, whether submitted by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

10. OPT-IN OPT-OUT POLICY

Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing to our mailing address at 575 RT. 28, Bldg 1, Suite 204A, Raritan, NJ 08869, or via email at hello@gestaltgoodness.com. For more information on how we use, store, protect, and maintain your data, please review our Privacy Policy [https://www.gestaltgoodness.com/legal-terms]

We may from time to time contact you by email with information on new products; special discounts or other information we believe may be of interest to you. Any email we send you will contain an easy unsubscribe link from all future mail shots. Please see our Privacy Policy for more information.

11. CANCELLATION

Orders submitted cannot be canceled once accepted via confirmation email sent to Buyer of acceptance of order. Generally, items ordered from this Site are shipped out 48 hours from the time that the order was submitted. To cancel an order placed before an acceptance email is generated, please contact customer service as soon as possible.

12. RESPONSIBLE USE AND CONDUCT

By visiting this Website and accessing the Materials, you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You hereby agree that:

Any warranty, express or implied, shall be voided by improper use.

In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.

Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. you understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
contains any type of unauthorized or unsolicited advertising;
impersonates any person or entity, including any Gestalt Goodness employees or representatives.

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other third party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn't violate or infringe on any third party intellectual property rights, becomes the property of Gestalt Goodness, and the use of this property is subject to the terms defined in Section 16 (Intellectual Property). Notwithstanding the foregoing, our use, storage, protection, and maintenance of information provided as part of our registration process is governed by our Privacy Policy [https://www.gestaltgoodness.com/legal-terms].

13. LIMITATION OF WARRANTIES

By using this Website, you understand and agree that all Goods and Materials we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

the use of our Website and Materials will meet your needs or requirements.
the use of our Website and Materials will be uninterrupted, timely, secure or free from errors.
the information obtained by using our Website and Materials will be accurate or reliable, and
any defects in the operation or functionality of our Website and Materials will be repaired or corrected.

Furthermore, you understand and agree that:

any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
no information or advice, whether expressed, implied, oral or written, obtained by you from Gestalt Goodness or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE LIMITED PRODUCT WARRANTY, GESTALT GOODNESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR GESTALT GOODNESS GOODS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GESTALT GOODNESS OR THROUGH ANY GESTALT GOODNESS PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
GESTALT GOODNESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GESTALT GOODNESS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Gestalt Goodness and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement; (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 account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

15. LIMITATION OF LIABILITY

IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF GOODS AND/OR MATERIALS. GESTALT GOODNESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR GOODS AND MATERIALS, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

16. INTELLECTUAL PROPERTY

Limited License. You acknowledge and agree that the content on our Website and our Materials or resources relating to the content on our Website and our Materials are our sole and exclusive intellectual property. You will have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access to the content on our Website and our Materials. This limited license is only for your personal, non-commercial use. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the content on our Website and our Materials, without our express prior written consent. In the event that you are licensed or otherwise authorized to use the content on our Website and our Materials, you agree to name us as your source of information and cite our Website and Materials.

Intellectual Property Assignment. You hereby assign all rights, title, and interest and give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to any intellectual property you may directly or indirectly create in using our Website and Materials, which include the use of your name and likeness in connection with using our Website and Materials. You shall cooperate with us in obtaining execution of all necessary paperwork to perfect our title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization and any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties.

Intellectual Property Enforcement. Our Website and Materials are protected by applicable copyright, trademark law and/or any other form of intellectual property law. We reserve the right to pursue all legal and equitable remedies for any unauthorized reproduction, copying, duplication, distribution, lending, selling, or otherwise transfer or disclosure of our Services and Materials to enforce our intellectual property rights.

17. COPYRIGHT INFRINGEMENT

If you believe that any of our Website content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

We ask for your cooperation in protecting intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to hello@gestaltgoodness.com or written documents to the address of the Designated Agent below that include the following information:

1. a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed

2. a description of the copyrighted work that you claim has been infringed

3. a description of where the material that you claim is infringing is located on the site

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 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 owner or authorized to act on the copyright owner’s behalf our Designated Agent for Notice of claims of copyright infringement is: Farwa Husain, Gestalt Goodness, 575 RT 28, Bldg 1, Suite 204A, Raritan, NJ 08869.

Under the appropriate circumstances, it is our policy to remove and/or to disable access from our site to webpages of infringers, to terminate subscribers and account holders who infringe, and to remove and/or to disable access from us to webpages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”

18. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

19. GOVERNING LAW

This Website is controlled by Gestalt Goodness from our offices located in Raritan, New Jersey and the United States of America. It can be accessed by most countries around the world. As each country has laws that may differ from those of New Jersey, United States of America, by accessing our Website, you agree that the statutes and laws of New Jersey, United States of America, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in New Jersey, United States of America. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Each party shall pay its own costs and expenses, including reasonable attorney fees, in enforcing the provisions of this Agreement or in recovering any claims or damages arising from a breach of this Agreement.

20. ARBITRATION

In the event of any dispute with Gestalt Goodness you agree to first contact us via email at hello@gestaltgoodness.com and attempt to resolve the dispute with us informally. In the unlikely event that Gestalt Goodness has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Raritan, New Jersey, in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, you and Gestalt Goodness agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.

Nothing in this section shall be deemed as preventing Gestalt Goodness from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

21. NOTICES

Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by registered mail, facsimile, or by overnight courier addressed to the Company Address set forth in the introduction of this Agreement or a changed address as may be given by the Company by written notice. Any notice will be considered to have been given when personally delivered or five business days after the date of mailing or one business day after the date of forwarding if sent by facsimile or overnight courier.

22. FORCE MAJEURE

Gestalt Goodness is not responsible for delays or failures to perform its responsibilities under this User Agreement due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy.

23. ENTIRE AGREEMENT

This User Agreement and the Privacy Policy constitutes the entire and exclusive understanding and agreement between Gestalt Goodness and you.

24. SEVERABILITY

The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.

25. WAIVER

No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

Last Revised: December 27, 2024.

Welcome to www.gestaltgoodness.com & gestaltgoodnessdigital.com, offered by Gestalt Goodness LLC (“Gestalt Goodness”, “us” or “we”). This Privacy Policy addresses how information is collected, stored, and utilized through our websites, www.gestaltgoodness.com & gestaltgoodnessdigital.com (the “Website/Site”). This Privacy Policy will also detail how you can access the information that we have and make changes or remove it. By accessing or using our services, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your information, as applicable, as described in this Privacy Policy, the Website’s Terms and Conditions and/or Terms of Use.

This Privacy Policy is issued based upon our good faith efforts to protect your privacy and in conformity with California Business and Professions Code, California Consumer Privacy Act (“CCPA”) and The EU General Data Protection Regulation (“GDPR”). Gestalt Goodness respects your privacy and is committed to protecting your Personal Information. This Privacy Policy explains how we collect and process your Personal Information when you visit our Websites [www.gestaltgoodness.com & gestaltgoodnessdigital.com]. It also applies to Personal Information you may provide through our Website when you sign up to our newsletters, or purchase our products and services.

What data do we collect?

When you visit the Site, we may collect, use, store and transfer different kinds of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Information”).

In particular, the Site collects and has collected the following categories of Personal Information from its visitors and consumers:

Personal Identification Information including name, email address, phone number, date of birth, location, physical address and billing information.

Profile Information includes your username, password, password hints and other information for authentication and account access, purchases or orders made by you, your interests, preferences, content of the messages you send us including feedback, reviews and survey responses.
Technical Information includes URL information, internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
Payment Information including your payment instrument (such as a credit card number) and associated security code in order to process your payments if you make a purchase.
Transaction Information includes details about payments to and from you and other details of products and services you have purchased from us.
Usage Information includes information about how you use our Websites, products and services.
Marketing and Communications Information includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect Aggregated and De-Identified Information includes information derived from the above-mentioned categories that does not directly or indirectly reveal your identity.

How do we collect your data?

You directly provide us with most of the data we collect. We collect data and process data when you:

Access this Site.
Register online or create an account on our Site.
Place an order for any of our products or services.
Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
Subscribe to our service or publications
Enter a competition, promotion or survey
Sign up for marketing information to be sent to you
Use or view our website via your browser’s cookies

We may also receive your data indirectly from the following sources:

Social networks when you reference our products or services
Partners or affiliates with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities
Publicly-available sources such as data in the public domain

How will we use your data?

We only use your Personal Information to perform our contractual obligations with you and when the law permits. We collect your data so that we can:

process your order and manage your account;
collect any outstanding balance on your account;
enforce our rights and/or ensure your compliance with our Terms and Conditions and/or Terms of Use;
disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site;
email you with special offers on other products and services we think you might like;
collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for our Website and to understand more about the demographics of our users. In gathering this information, we are able to enhance your experience when visiting our Website (including keeping your preferences and items placed in your shopping cart between visits) and to provide custom, personalized content and information, including targeted content and advertising.

How will we share your data?

We only share your Personal Information to perform our contractual obligations with you and when the law permits. We share your data with:

our partner companies so that they may offer you their products and services, if you agree;
third-party vendors, service providers, contractors and agents in connection with the performance of services on our behalf, as needed to carry out their work for us, which may include identifying and serving advertisements, providing mailing services, providing financial services, web hosting, or providing analytic services. These service providers are prohibited from using your information except as needed to perform our work or as required by law, although we may permit them to use aggregate information which does not identify you or de-identified data for scientific research purposes;
other companies and brands owned or controlled by Gestalt Goodness and other companies owned by or under common ownership as Gestalt Goodness, which also includes our subsidiaries (i.e. any organization we own or control);
our business partners and affiliates in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we may share information about you with a retailer for purposes of providing you with relevant product support or in connection with a warranty;
when Gestalt Goodness processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

Disclosures of Personal Information for a Business Purpose

We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep Personal Information confidential and not use it for any purpose except performing the contract.

We share your Personal Information with the following categories of third parties:

Subsidiaries and affiliates
Contractors and service providers
Third parties with whom we partner to offer products, services and promotions to you

In the preceding 12 months, we have disclosed the following categories of Personal Information for a business purpose to the parties identified above:

A. Identifiers. This category includes account name, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). This category includes a name, education, employment. Some Personal Information included in this category may overlap with other categories.

C. Commercial information. This category includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

D. Internet or other similar network activity. This category includes browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

E. Geolocation data. This category includes physical location or movements.

Sales of Personal Information

In the preceding 12 months, we have not sold Personal Information.

How do we store your data?

We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline according to generally accepted industry standards.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Website page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to Personal Information data. The computers/servers in which we store Personal Information data are kept in a secure environment.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Website, you may contact us at hello@gestaltgoodness.com

Marketing

We would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies for example with our business partners and affiliates in connection with offering you co-branded services, selling or distributing our products and services, or engaging in joint marketing activities.

If you have agreed to receive marketing, you can always opt out at a later date. You have the right at any time to stop us from contacting you for marketing purposes or giving your data to other members of the Gestalt Goodness group.

If you no longer wish to be contacted for marketing purposes, you can tell us you are withdrawing your consent by:

Unsubscribing (just click on the ‘unsubscribe’ link in any message we send you and follow the instructions – please note that it might take a short period of time to process your unsubscribe request), or
Sending an email to hello@gestaltgoodness.com, with ‘Unsubscribe’ or “Opt-Out” as the subject of the email.

“Do Not Track” signals

Please note that we currently do not have or participate in any “Do Not Track” frameworks that would allow us to respond to any “Do Not Track” signals in the HTTP header on your browser or mobile application settings.

What are your data protection rights?

Gestalt Goodness would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request us for copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to us processing your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
The right to opt-out at any time where we are relying on consent to process your Personal Information. If you withdraw your consent, we may not be able to provide certain products or services to you. We’ll advise you if this is the case at the time you withdraw your consent.
Lodge a complaint with the relevant regulator if you feel that your Personal Information hasn’t been handled correctly, or you’re not happy with the way we’ve responded to anything you’ve asked us to do with your Personal Information. For EU citizens, HERE’S a list of EU data protection authorities with their contact details.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at:

Our email – hello@gestaltgoodness.com

Or write to us –

Gestalt Goodness,

575 Route 28, Bldg 1, Suite 204A,

Raritan, NJ 08869

Privacy policies of other websites

This Website contains links to other websites that are not owned or controlled by us. Our privacy policy applies only to our Website, so if you click on a link to another website, please review their privacy policies carefully to understand how they process your data.

A "cookie" is a small text file that is downloaded onto your device such as computer or smartphone when you access our Website. We use cookies, social media pixels and other similar technologies in order to make our Website work efficiently and securely and to improve personalized user experience.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

You can easily stop your browser from accepting cookies by configuring your browser’s cookie settings. All commercial web browsers are featured with cookie management functionality. Please check your web browser to find out more how to delete or disable cookies. If you choose to disable cookies, you may face limitations on functionality and a deteriorated user experience.

Protecting the Privacy of Children

Persons under 18 years old are not the target audience for our Website. No one under age 18 may provide any Personal Information to or on the Website. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under 18, please contact us at:

Our email – hello@gestaltgoodness.com

Or write to us –

Gestalt Goodness,

575 Route 28, Bldg 1, Suite 204A,

Raritan, NJ 08869

Other California Privacy Rights

If you are a California customer, you have the right to receive, once per year, free of charge, 1) the identity of any third-party company to which we have disclosed your Personal Information as defined by California’s “Shine the Light” law for that company’s own direct marketing purpose; and 2) a description of the categories of Personal Information disclosed. To request this information, please contact us at hello@gestaltgoodness.com or the mail address set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided email or mail address.

European Union-GDPR

Additional provisions apply to Personal Information collected by Gestalt Goodness from European Union residents. You may access, update, delete or request we cease the use of your Personal Information for marketing purposes by contacting us at hello@gestaltgoodness.com. On receiving the above-identified categories of request, exceptions may apply for data maintained:

Pursuant to any legal or contractual obligation;
In relation to resolving, defending or enforcing our rights;
For accurate business and financial reporting.

Any questions concerning our GDPR policies may be directed to: hello@gestaltgoodness.com. Requests must include “GDPR Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and postcode.

Changes to this Privacy Policy

Our Company keeps its privacy policy under regular review and places any updates on this web page. This Privacy Policy was last updated in December 27, 2024.