PLEASE READ THESE TERMS CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY REGISTERING FOR THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
The Service is comprised of (i) the Sustain website, currently located at www.sustainnatural.com (and/or any successor or additional website(s) owned or operated by or for Sustain)(“Site”); (ii) any other technology and/or services that Sustain provides its users. The Service may enable you to make content available to other users of the Service and to access content made available by other users of the Service.
Registration is not required to view most User Material provided as part of the Service. However, you are required to register if you wish to purchase products, use certain functionality on the Site, post User Material, participate in our loyalty programs, or enter any contests that we may sponsor from time to time.
CONTENT ON THE SUSTAIN NETWORK
Content on Sustain network meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers, as well as Sustain Content (defined below) and that Sustain is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sustain with respect thereto.
You acknowledge and agree that your opinions are your own and disagreement is often at the heart of a productive debate. The views expressed through the Service reflect those of the individual contributors and not necessarily those of Sustain.
As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Sustain’ sole discretion, an unreasonable or disproportionately large load on Sustain’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Sustain may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a Sustain user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Sustain website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the Sustain server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the Sustain website is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the Site or any of its contents. . No hyperlinks to any password protected web pages on the Site are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Sustain in our sole discretion.
PARTICIPATION IN COMPETITIONS
Each Sustain Competition has its own rules and regulations. Please consult those when submitting materials in response to any Sustain Competition.
The content accessible through the Service, except User Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Sustain Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Sustain, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the Sustain Content, Marks, and User Material is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. Sustain reserves all rights not expressly granted in and to the Service and the Sustain Content. If you download or print a copy of the Sustain Content, or User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Sustain Content, or User Material.
Sustain respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Site (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site (or Product, or Service) of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at firstname.lastname@example.org.
Sustain may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE, SUSTAIN CONTENT AND MARKS ARE PROVIDED BY SUSTAIN “AS IS” AND “AS AVAILABLE”. SUSTAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SUSTAIN DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, SUSTAIN DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND SUSTAIN WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SUSTAIN OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, SUSTAIN CONTENT AND SUSTAIN MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUSTAIN OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUSTAIN ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE SUSTAIN SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SUSTAIN WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SUSTAIN WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Sustain and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Sustain Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Sustain Indemnitees. Sustain shall have the right, in its sole discretion, to select its own legal counsel to defend the Sustain Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the Sustain Indemnitees in connection therewith. You shall not, without the prior express written approval of Sustain, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Sustain Indemnitee. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Although Sustain will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sustain or others due to such unauthorized use.
Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Service.
Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are under 13 years of age, you may not register for or use the Service unless we have your parents’ consent.
Modification. Sustain shall have the right to modify these Terms at any time, which modification shall be effective immediately following Sustain’s posting of such change on its . We recommend that you check the Sustain website regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification.
Enforceability and Waiver. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Sustain to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.
Links to Third Party Websites. As a convenience for its users, Sustain may provide links on this website to other websites owned by third parties. Unless otherwise stated, Sustain does not endorse or control these third parties and takes no responsibility for them or their websites.
Export and International Use. The Service is controlled and offered by Sustain from its facilities in the United States of America. Sustain 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 responsible for compliance with local law.
Governing Law, Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to or application of choice of law rules or principles. You agree that: the Service shall be deemed to be solely based in the State of Vermont; the Sustain website shall be deemed a passive website that does not give rise to personal jurisdiction over Sustain, either specific or general, in jurisdictions other than the State of Vermont; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
General Terms of Sale for Subscription Products
Sustain sells tampons, pads, liners, condoms, lubricants and other personal care products (“Products”) to the end-user customers who purchase 30 or 60-day subscriptions to receive the products (“Subscriptions”) for their own personal, non-commercial use. You may not purchase Products or Subscriptions for resale purposes. The subscriptions purchased and all rights are personal and non-transferable.
The price that we will charge you for a Subscription will be the price posted on the first date you sign-up for a Subscription. Sustain reserves the right to change the prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
Promotional Trials for Subscription Products
Your Subscription may start with a promotional trial period, allowing you to receive your first shipment at a reduced price ("Trial").
When you sign up, the payment method you instruct us to use (“Payment Method”) will just be charged for the reduced Trial price, and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. Trials are limited to one per customer. Sustain reserves the right, in its absolute discretion, to determine your Trial eligibility.
We will begin billing your Payment Method the applicable 30 or 60 day Subscription fees -- based on the plan you selected -- at the end of the Trial unless you cancel your Subscription prior to the end of the Trial. To access the details of your Subscription, including price, upcoming charge date, and end date of your Trial, visit our Site and go to your account page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register.
You will not receive a notice from us that your promotional (Trial) pricing and period has ended or that the standard rate portion of your Subscription has started. We will continue to bill your Payment Method on a 30 or 60 day schedule (depending on your selection) for your Subscription fee until you cancel. To avoid being charged after your Trial has ended, you must cancel your Subscription at least five (5) days prior to the end of the defined Trial period.
You are able to cancel your subscription at any time. For detailed instructions on how to cancel, see below.
Sustain reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and with no liability.
By signing up for a Subscription you represent, acknowledge and agree that you are at least 18 years of.
If you are dissatisfied with one of our Products for any reason, Sustain will refund the full amount for the item(s). Refund requests must be made directly to Sustain at email@example.com. All refund requests must be made within fourteen (14) days of the date of shipment by Sustain. Sustain is not liable for Products that are damaged or lost in transit to Sustain. Promptly following Sustain’s receipt of your request (typically within five (5) business days), Sustain will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Sustain does not control when a specific credit card or Payment Method company processes a chargeback transaction. You are responsible for contacting your credit card or Payment Method company if you have questions about the status of the chargeback. Sustain will not provide a refund for a request that is received by Sustain more than thirty (30) days after the date of original shipment. Sustain also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
Payment Methods; Automatic Monthly Subscription Renewals and Subscription Cancellation Policy
Sustain accepts various Payment Methods. You agree to pay all fees charged to your account based on Sustain’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Subscription and in all following email correspondence. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Subscription, and you authorize Sustain or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Sustain reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service. All sales and payments will be in US dollars. All payments will be processed by our third-party payment partner, subject to our partner’s terms and conditions.
Sustain and Sustain's third party payment service provider may receive updated Payment Method information from your credit card or Payment Method issuer. The disbursement of the updated Payment Method information is provided to Sustain and Sustain's third party payment service provider at the election of your credit card and Payment Method issuer. Neither Sustain nor Sustain's third party payment service provider is responsible for the distribution of your credit card or Payment Method information. It is at the sole election of your credit card or Payment Method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or Payment Method issuer with regards to your right to opt out of the update service.
IMPORTANT: MONTHLY OR 60-DAY SUBSCRIBER RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH OR EVERY 60 DAYS.
Sustain will automatically renew your Subscription on each 60-day anniversary date of the Subscription and, as authorized by reviewing your custom Period Kit and checking out, we will charge your Payment Method with the applicable Subscription fee and any taxes that may be imposed on your Subscription fee payments. Each Subscription renewal period is for every 60-days, excluding the Trial Period exception (if applicable).
You are able to cancel your Subscription at any time by logging on to your account within SustainNatural.com. To cancel a Subscription, please log in to your account page on the Site and select “manage subscription” to the left of the account page. Cancellation requests submitted in this manner must be received BEFORE your ‘Order Placed’ email is sent to avoid being charged for that shipment. Cancellation requests received after that shall take effect for the following charge. Cancellation requests received by Sustain through other channels may take up to five (5) days to process. If you have problems or questions please email firstname.lastname@example.org.
Pausing and Resuming Shipping
Sustain offers its members the ability to temporarily pause their Sustain Subscription for up to 10 months. During the Pause Period, subscribers will remain active subscribers, but they will not receive any Sustain shipments. Shipments will resume for the balance of the Subscription period when users notify Sustain that they wish to resume receiving shipments.