Effective Date: September 1, 2020.
YOUR USE OF OUR SERVICE IS GOVERNED BY THESE TERMS & CONDITIONS
All right, title, and interest in the Service, including all copyrights, patents, trade secrets, trade dress, and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Freshly Rooted Tribe Inc. or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. In using the Service, you must respect the intellectual property and other rights of Freshly Rooted Tribe Inc. and others. Your unauthorized use of Content (defined below) may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Freshly Rooted Tribe Inc. respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see the Section entitled DMCA Notice – Notice and Procedure for Making Claims of Copyright Infringement below. These Terms & Conditions and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Freshly Rooted Tribe Inc. and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited. The Service (including past, present, and future versions) and all content included on the Service, such as recipes, menus, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Freshly Rooted Tribe Inc. or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Freshly Rooted Tribe Inc. owns a copyright in the selection, compilation, assembly, coordination, arrangement and enhancement thereof. All Content is also protected by the U.S. and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
LICENSE AND ACCESS
Subject to your strict compliance with these Terms & Conditions and the Additional Terms, Freshly Rooted Tribe Inc. grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of the Service and the Content for non-commercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the Unlawful or Prohibited Uses section below. You may download, print, and copy Content for such authorized personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Freshly Rooted Tribe Inc.’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
Freshly Rooted Tribe Inc. and other related marks, design marks, product names, feature names and related logos used in the Service are trademarks of Freshly Rooted Tribe Inc. and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of Freshly Rooted Tribe Inc. In addition, the look and feel of the Service constitute the service mark, trademark, and/or trade dress of Freshly Rooted Tribe Inc. and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Freshly Rooted Tribe Inc. Freshly Rooted Tribe Inc.’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Freshly Rooted Tribe Inc. or suggests a sponsorship, affiliation, or endorsement by Freshly Rooted Tribe Inc. All other trademarks, service marks, logos, slogans, domain names, and trade names are the properties of their respective owners.
UNLAWFUL OR PROHIBITED USES
The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Service, you warrant to Freshly Rooted Tribe Inc. that you will not use the Service for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Freshly Rooted Tribe Inc., YOU MAY NOT:
(a) Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service;
(d) frame, mirror, or use framing techniques on any part of the Service or its Content;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing Freshly Rooted Tribe Inc.’s name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Service;
(i) conduct fraudulent activities on the Service;
(j) violate or attempt to violate the security of the Service, including, without limitation:
- accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- trying to change the functionality of the Service;
- attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
- attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Service, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;
- forging any header or any part of the header information in any e-mail or posting; or
- forging communications on behalf of the Service (impersonating the Service) or to the Service (impersonating another user);
(k) send an unsolicited or unauthorized email on behalf of Freshly Rooted Tribe Inc., including promotions and/or advertising of products or services;
(l) tamper with the Service or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Service or any activity being conducted on the Service;
(m) use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Service;
(o) restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);
(p) use the Service to advertise or offer to sell or buy (other than from Freshly Rooted Tribe Inc.) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;
(s) create any derivative works of the Content except as expressly authorized by Us; or
(t) remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
MODIFICATION AND TERMINATION
Freshly Rooted Tribe Inc. may at any time in its sole discretion without notice or liability:
(i) modify, suspend or discontinue any part of the Service; or
(ii) offer opportunities to some or all Service users. Freshly Rooted Tribe Inc. reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms & Conditions. Your continued use of the Service will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Service will not be applied retroactively. With respect to any such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied. Freshly Rooted Tribe Inc. reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Service and to block or prevent future access to and use of the Service
- if you violate any of these Terms & Conditions,
- for any other reason, or
(iii) for no reason. Upon any such termination, your right to use the Service will immediately cease. You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Service. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
If the Service allows you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including personal information (“User Content”) through or to the Service, Freshly Rooted Tribe Inc. welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions. You agree that any User Content that you submit:
(i) will be accurate;
(ii) will not violate or facilitate the violation of any law or regulation;
(iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights;
(iv) will not cause injury to any person or entity; and
(v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Freshly Rooted Tribe Inc. assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party:
- monitor, review, display, post, store, maintain, accept or otherwise make use of User Content;
- alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or
- disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address content that comes to the attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms & Conditions or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display. You agree that
(a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned, and
(b) to the maximum extent not prohibited by applicable law, Freshly Rooted Tribe Inc. does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Freshly Rooted Tribe Inc.’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms & Conditions or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk. In your communications with Freshly Rooted Tribe Inc., please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, other products or services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, Freshly Rooted Tribe Inc. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Freshly Rooted Tribe Inc.’s receipt of your Unsolicited Ideas and Materials is not an admission by Freshly Rooted Tribe Inc. of their novelty, priority, or originality, and it does not impair Freshly Rooted Tribe Inc.’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. For any User Content you submit, you grant to Freshly Rooted Tribe Inc. a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels), broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now is known or hereafter developed, and with any technology or devices are now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation or other obligation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. In addition, you grant to Freshly Rooted Tribe Inc. the right, without any obligation, to include the name provided along with the User Content submitted by you. In order to further effect the rights and license that you grant to Freshly Rooted Tribe Inc. to your User Content, you also hereby grant to Freshly Rooted Tribe Inc. and agree to grant to Freshly Rooted Tribe Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Without limitation, the granted rights include the right to
(a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and
(b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consent from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Freshly Rooted Tribe Inc. the rights to it that you are granting by these Terms & Conditions and any Additional Terms, all without any Freshly Rooted Tribe Inc. obligation to obtain the consent of any third party and without creating any obligation or liability of Freshly Rooted Tribe Inc. You grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Freshly Rooted Tribe Inc.’s cost and expense, to which you hereby consent and irrevocably appoint Freshly Rooted Tribe Inc. as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). Content is also provided by third party visitors to the Service. Please note that visitors to the Service may post content that is inaccurate, misleading, or deceptive. Freshly Rooted Tribe Inc. neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Freshly Rooted Tribe Inc. will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Freshly Rooted Tribe Inc. You are solely responsible for your interaction with other users of the Service, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and the best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Freshly Rooted Tribe Inc.’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Service can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Freshly Rooted Tribe Inc.’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Freshly Rooted Tribe Inc. that your copyrighted material has been infringed via the Service. Freshly Rooted Tribe Inc. does not and will not take any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid Notice is received pursuant to the guidelines set forth below, Freshly Rooted Tribe Inc. will respond by either taking down the allegedly infringing content or blocking access to it. Freshly Rooted Tribe Inc. may contact the notice provider to request additional information. Under the DMCA, Freshly Rooted Tribe Inc. is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Freshly Rooted Tribe Inc. a counter-notification. Notices and counter-notices are legal notices distinct from regular Service activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a Notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where the material is located].”);
- Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and 8. Be sent to our DMCA designated agent at the following address: DMCA Designated Agent: Legal Department Freshly Rooted Tribe Inc. 252 1st street Benicia Ca 94510 or by email to firstname.lastname@example.org
LINKS TO, AND DEALINGS WITH, THIRD PARTIES
LINKS BY YOU TO THE SERVICE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as:
(a) the links only incorporate text and do not use any trademarks,
(b) the links and the content on your website do not suggest any affiliation with Freshly Rooted Tribe Inc. or cause any other confusion, and
(c) the links and the content on your website do not portray Freshly Rooted Tribe Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Freshly Rooted Tribe Inc. Freshly Rooted Tribe Inc. reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
WIRELESS, MESSAGING, AND LOCATION-BASED FEATURES
DISCLAIMERS OF WARRANTIES
As permitted by applicable law, Freshly Rooted Tribe Inc. cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE “SERVICE CONTENTS”) ARE PROVIDED BY FRESHLY ROOTED TRIBE INC. ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Therefore, to the fullest extent permissible by law, Freshly Rooted Tribe Inc. and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “Freshly Rooted Tribe Inc. Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Service (including the Content and the User Content);
(b) the functions, features, or any other elements on, or made accessible through, the Service;
(c) any products, services, or instructions offered or referenced at or linked through the Service except as applicable Whole Food Parties may otherwise expressly provide in writing;
(d) security associated with the transmission of your User Content transmitted to Freshly Rooted Tribe Inc. or via the Service;
(e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Service will be repaired or corrected;
(h) whether the Service will be compatible with any other specific hardware, software, or service;
(i) whether your access to the Service will be uninterrupted;
(j) whether the Service will be available at any particular time or location; and
(k) whether your use of the Service is lawful in any particular jurisdiction.
AS PERMITTED BY APPLICABLE LAW, FRESHLY ROOTED TRIBE INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT, OR THAT EMAILS SENT FROM FRESHLY ROOTED TRIBE INC. ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT FRESHLY ROOTED TRIBE INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SERVICE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY FRESHLY ROOTED TRIBE INC. IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, FRESHLY ROOTED TRIBE INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT
(i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY FRESHLY ROOTED TRIBE INC. PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY FRESHLY ROOTED TRIBE INC. PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW;
(ii) FRESHLY ROOTED TRIBE INC. PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY FRESHLY ROOTED TRIBE INC. PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR
(iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST FRESHLY ROOTED TRIBE INC. PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW. IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY FRESHLY ROOTED TRIBE INC. IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICE, FRESHLY ROOTED TRIBE INC. DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT. Third-party names, marks, products, advertisements, or services or pop-up texts or links to third-party applications may appear on the Service. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRESHLY ROOTED TRIBE INC. BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY THIRD PARTY SERVICES, OR ANY LINK CONTAINED IN A THIRD PARTY SERVICE. If you decide to link to any such third party application, you do so entirely at your own risk.
The Service is controlled and operated by Freshly Rooted Tribe Inc. from the United States, and is not intended to subject Freshly Rooted Tribe Inc. to the laws or jurisdiction of any state, country, or territory other than that of the United States. Freshly Rooted Tribe Inc. does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States and the United Kingdom. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
IF THE SERVICE INCLUDES HEALTHCARE INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. IF THE SERVICE INCLUDES INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS YOU SHOULD BE AWARE THAT SUCH INFORMATION IS NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL MEDICINE AND SUPPLEMENT INDUSTRY, YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
We provide information through the Service for your information and enjoyment. Your use of the Service is strictly voluntary. Because some of the information in the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Service, you assume the risks associated with the activities in which you will be participating. Such risks may include but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk. As permitted by applicable law, you knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Freshly Rooted Tribe Inc., its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs, and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information, and materials offered by Freshly Rooted Tribe Inc. through the Service. Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Freshly Rooted Tribe Inc. Parties or their suppliers with regard to a physical product sold by Freshly Rooted Tribe Inc. Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold, or provided by Freshly Rooted Tribe Inc. Parties or to the extent liability is not waivable or cannot be limited under applicable law.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY FRESHLY ROOTED TRIBE INC. PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH
(A) THE SERVICE (INCLUDING THE CONTENT AND THE USER CONTENT); OR
(B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT, USER CONTENT OR OTHER FRESHLY ROOTED TRIBE INC. PRODUCTS OR SERVICES, EXCEPT FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY FRESHLY ROOTED TRIBE INC.), EVEN IF FRESHLY ROOTED TRIBE INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE). EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND FRESHLY ROOTED TRIBE INC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FRESHLY ROOTED TRIBE INC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY CONTENT ON THE SERVICE, OR THESE TERMS & CONDITIONS, YOUR SOUL, AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT
(i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY FRESHLY ROOTED TRIBE INC. PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY WHOLE FOODS MARKET PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW;
(ii) FRESHLY ROOTED TRIBE INC. PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY FRESHLY ROOTED TRIBE INC. PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR
(iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST FRESHLY ROOTED TRIBE INC. PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY FRESHLY ROOTED TRIBE INC. (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF FRESHLY ROOTED TRIBE INC.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Service, as permitted by applicable law you agree to defend, indemnify, and hold harmless Freshly Rooted Tribe Inc. Parties from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your access to or use of the Service, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions. You will cooperate as fully required by Freshly Rooted Tribe Inc. Parties in the defense of any Claim. Notwithstanding the foregoing, Freshly Rooted Tribe Inc. Parties retain the exclusive right to settle, compromise, and pay any and all Claims. Freshly Rooted Tribe Inc. Parties reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of a Freshly Rooted Tribe Inc. Party. Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Freshly Rooted Tribe Inc. Parties or their suppliers with regard to a physical product sold by Freshly Rooted Tribe Inc.
Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold, or provided by Freshly Rooted Tribe Inc. Parties or to the extent liability is not waivable or cannot be limited under applicable law.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Freshly Rooted Tribe Inc. sends to you, you consent to receive notices and other communications by Freshly Rooted Tribe Inc. posting notices on the Service, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Freshly Rooted Tribe Inc. provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given
(i) 24 hours after the notice is posted on the Service or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or
(ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RULES FOR PROMOTIONS
Software related to or made available by the Service may be subject to export controls of the U.S.A. To the extent permissible under applicable domestic laws, no software from the Service may be downloaded, exported, or re-exported
(i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoes, or
(ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or
(iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (i) – (iii) above.
NOTICES FOR CALIFORNIA RESIDENTS
APPLICABLE LAW; ARBITRATION OF DISPUTES; CLASS ACTION WAIVER
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Freshly Rooted Tribe Inc. agree that the parties intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of the Service (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Solano County, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You agree that all Disputes will be governed by the laws of the State of California without regard to California’s choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms & Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. YOU AND FRESHLY ROOTED TRIBE INC. AGREE THAT EACH MAY BRING CLAIMS OR CAUSES OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICE IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to, or connected in any way with your use of the Service must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
DEVICES AND CONNECTIVITY
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service, and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service. By using the Service, you agree that Freshly Rooted Tribe Inc. may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.). For instance, the Service may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving Service images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Service operations, and to provide you notice when you are not connected to a network. You consent to these activities by installing or otherwise using the Service. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Service by uninstalling the Service. Whole Foods Market makes no representations or warranties about the quality of your Service experience on your device or the ability of any device to access or display the Content.
TERMS APPLICABLE FOR APPLE IOS
If you are accessing or using our mobile app through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into the Terms and Conditions by this reference:
(i) You acknowledge that these Terms & Conditions are entered into between Whole Foods Market and, that Apple, Inc. (“Apple”) is not a party to these Terms & Conditions other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in these Terms & Conditions is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
(iii) You acknowledge that Freshly Rooted Tribe Inc., and not Apple, is responsible for providing the Service and Content thereof.
(iv)You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms & Conditions, you acknowledge that, solely as between Apple and Freshly Rooted Tribe Inc., Freshly Rooted Tribe Inc. and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, too
- product liability claims;
- any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
- claims to arise under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms & Conditions, and that, upon your acceptance of these Terms & Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Service.
These Terms & Conditions, including any applicable Additional Terms, constitute the entire agreement between you and Freshly Rooted Tribe Inc. with respect to the Service and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Service. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. Freshly Rooted Tribe Inc. may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Freshly Rooted Tribe Inc. reserves the right to prosecute any suspected breaches of these Terms & Conditions or the Service. Freshly Rooted Tribe Inc. may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
If you have any concerns about Freshly Rooted Tribe Inc. or your use of the Service, please contact us at mail, Freshly Rooted Tribe Inc. 252 1st street Benicia Ca 94510, by email to email@example.com or phone (707) 297-6550