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Website Terms and Conditions

Terms and Conditions

This Website (www.toughrootswellness.com) is comprised of various pages operated by Tough Roots LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of toughrootswellness.com (“Website”).

Please read these Terms and Conditions (“Terms”) carefully. We reserve the right to change these Terms on the Website at any time without notice, and by using the Website and its Content you are agreeing to the Terms as they appear, whether or not you have read them. If you do not agree with these Terms, please do not use our Website or its Content.

Privacy

Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy which also governs the Website and informs users of our data collection practices.

Electronic Communications

Visiting the Website, filling out any form on the Website, or sending emails, instant messages, or other communications on or through the Website constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you create an account on or associated with this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device. You agree to accept responsibility for all activities that occur under your account or password. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account, comuter, or other device. The Company and its associated third party service providers reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under 13

Children under the age of thirteen (13) are not permitted to create accounts or provide information on or through the Website. We provide information about our data practices for children in our Privacy Policy.

Links to Third Party Sites/Third Party Services

The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company. The Company is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Company of any site or any association with its operators.

Certain services made available via the Website are delivered by third party sites and organization. By using any product, service, or functionality originating from the Company’s domain, you acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual or other relationship to provide the requested product, service, or functionality on behalf of the the Company’s users and customers.

No Unlawful or Prohibited Use

You are granted a nonexclusive nontransferable revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other parties use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available for or provided through the Website.

Intellectual Property

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website is the property of the Company or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to any content.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. The Company’s content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content only for your personal use and will make no other use of the content without the written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these terms.

Use of Communication Services

The Website may contain or use bulletin board services, chat areas, new groups, forums, communities, blog pages, calendars, and/or other messaging services designed to enable you to communicate with the public at large or with a group. You agree to use the communication services only to post send and receive messages and materials that are proper and related to the particular communicated service.

By way of example and not as a limitation, you agree that when using a communication service provided by the Website you will not violate any laws or violate the legal rights of others, including (a) defaming, harassing, or threatening others, (b) sending, posting, uploading, or publicizing any inappropriate, obscene, or unlawful content or images, (c) sending, posting, uploading, or publicizing materials protected by intellectual property laws or rights unless you own or control those rights or have received permission, (d) sending, posting, uploading, or deploying files that contain viruses or other software or programs that may damage the operation of the Website or another computer or server, (e) sending, posting, uploading, or publicizing advertisements or offers to buy or sell goods or services for any business purpose unless specifically authorized by the communication service, or (f) download, copy, or transmit any content posted by the Company or other users, including harvesting of information about others such as email addresses or user names, unless you have a legal right or consent from the appropriate party to do so.

The Company has no obligation to monitor the communication services. However the Company reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself in any communication service. The Company does not control or endorse the content, messages, or information found in any communication service, and therefore the company specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Community managers and hosts are not authorized spokespersons of the Company, and their views do not necessarily reflect those of the Company.

Content Provided to the Company or Posted on the Website

The Company does not claim ownership of the materials you provide to the Website including feedback and suggestions or post upload input or submit to the Website or any associated services. By posting uploading and putting providing or submitting your content you are granting the Company and our affiliated service providers and necessary sublicensees permission to use your content in connection with the operation of their Internet businesses, including the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content and to publish your name or user name in connection with your content. No compensation will be paid with respect to use of your content as provided herein the Company is under no obligation to post or use any content you may provide and remove may remove any content at any time in the Company’s sole discretion. By posting or otherwise providing your content, you warrant and represent that you own or otherwise control all of the rights to your content as described in the section including without limitation all rights necessary for you to post or provide the content.

Disclaimer

The Website is provided by the Company for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with the Website and any content provided by the Company or any other party, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

Medical Disclaimer. This Website is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from the Company. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these Terms  or in any other agreement with us.

Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website, or in any way or in any location. In the event that you use our Website or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your concerns to Tough Roots LLC via e-mail in attempt to resolve the situation prior to resorting to arbitration. By agreeing to these Terms  you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Sheridan County, Wyoming, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement. These Terms shall be construed according to the laws of the State of Wyoming. If these Terms, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the Terms which shall be given full force and effect.

If you have any questions about these Terms please contact us at katie@toughrootsllc.com.