Terms and Conditions
PURE ROOTS BOTANICALS WEBSITES TERMS AND CONDITIONS OF USE AGREEMENT. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE PURE ROOTS WEBSITES.
Welcome to the websites of PureRoots Botanicals, LLC. Thank you for visiting!
This PureRoots Botanicals Websites Terms and Conditions of Use Agreement (this “Agreement”) is between you and PureRoots Botanicals, LLC (“PureRoots”), a boutique hemp farm with a mailing address of PO Box 238, Waxhaw, North Carolina 28173, USA. PureRoots Botanicals, LLC’s internet websites (collectively, the “PureRoots Websites”) include purerootsbotanicals.com, as well as other websites maintained by PureRoots. Use of the PureRoots Websites signifies your agreement to the terms and conditions of use set forth in this Agreement. Throughout this Agreement and the PureRoots Websites, the terms “we”, “us” and “our” refer to PureRoots Botanicals, LLC where indicated by the context.
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
You acknowledge that you have read the terms and conditions of use, and that you accept the terms hereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use the PureRoots Websites.
- Modification of Agreement
The PureRoots Websites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the PureRoots Websites, include, without limitation, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon, including Submissions, as defined in Section 12 below (collectively, “Content”) are protected by copyright and are owned or controlled by PureRoots, the party credited as the provider of the Content, respective licensees or advertisers, as the case may be. PureRoots respects the intellectual property rights of others and asks users of PureRoots Websites to do the same.
Except as we specifically agree in writing, no Content from the PureRoots Websites may be used, reproduced, transmitted, distributed, copied or otherwise exploited in any way other than as part of the PureRoots Websites; except that, where the PureRoots Website is configured to enable the download of particular Content, you may download one (1) copy of such Content to a single computer for your personal, noncommercial home use only, provided that you:
- keep intact all copyright and other proprietary notices,
- make no modifications to the Content, and
- do not use the Content in a manner that suggests an association with us and/or any of our products, services, or brands.
In the event that we offer downloads of software on the PureRoots Websites and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title of the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
We may expressly authorize you to redistribute certain Content for personal, noncommercial use. We will identify the Content that you are authorized to redistribute and describe the ways in which you may redistribute it (such as via email, blogs, or embedded players). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
- Streaming Media
- RSS Feeds and Podcasts
The PureRoots Websites may provide RSS Feeds (“RSS Feeds”) consisting of selected Content, including, without limitation, text, audio, video, and photographic content (which is hereby included in the defined term “Content”) from the PureRoots Websites that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s device or transferred to a portable listening device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the PureRoots Websites, our subsidiaries, licensees, assignees, distributors, agents, representatives, affiliates and other authorized users do not warrant that its RSS Feeds will operate on all user equipment. Please see the “Disclaimer of Warranties” and “Limitation of Liability” (Sections 23 and 24) for further details.
- E-Commerce/Terms of Sale
All orders placed on the PureRoots Websites are subject to: (a) product availability; and (b) PureRoots’ confirmation of the order quantity and price. PureRoots reserves the right, with or without prior notice, to: change descriptions or references to products or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to any of the PureRoots Websites with any product or service. Price and availability of any product or service offered through any of the PureRoots Websites is subject to change without notice. Due to the nature of our products all sales are final. Refunds or exchanges due to damaged shipments shall be subject to PureRoots’ Refund Policy, as may be made available by PureRoots and updated by PureRoots from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the PureRoots Websites, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not the responsibility of PureRoots.
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order; this is not an acceptance of your order. No contract is formed until PureRoots transmits an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed. On receipt of your order, PureRoots will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase. Charges to your credit card will appear as “PureRoots, LLC.” We gladly accept Visa, Mastercard, American Express, Discover, Venmo, and PayPal.
PureRoots will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, governmental orders, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, declared emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
PureRoots reserves the right to ship hemp and CBD products to states that do not have an approved hemp law established. Since state legislation varies greatly around the specific legalities of hemp, we encourage all of our customers to do their own research into their individual state’s laws prior to ordering. It is the customers’ responsibility to understand the laws governing their state prior to placing an order for PureRoots products.
Shipping costs are in addition to product prices. PureRoots ships packages via USPS priority mailing. PureRoots is not responsible for any order that is stolen outside the customers’ address, lost in transit, not delivered, or seized. Please allow two (2) business days for orders to be processed and an additional two to three (2 to 3) business days for delivery. Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure, for which PureRoots will not be responsible.
- Liability and Indemnification
PureRoots ships our products throughout the U.S. Since state legislation varies greatly around the specific legalities of hemp, we encourage all of our customers to do their own research into their individual state’s laws.
By purchasing any product on this website, you agree to indemnify, defend and hold PureRoots and its agents, managers, officers, directors and employees harmless from and against any and all liabilities, losses, damages, and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising from or growing out of any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation, or order.
PureRoots offers federally legal industrial hemp products that are produced in accordance with the 2018 United States Farm Bill. The United States Farm Bill defines hemp as a Cannabis plant containing less than 0.3% THC on a dry weight basis. We make no guarantee as to the lawfulness of any product offered on PureRoots Websites, or that you will be able to pass a drug test after using or consuming products available on PureRoots Websites. If you have any questions regarding the legality of industrial hemp in your jurisdiction, please consult your attorney.
None of the statements made on the PureRoots Websites regarding the materials, products, or product ingredients have been evaluated or approved by the Food and Drug Administration (the “FDA”). Such statements, materials or products are not intended to diagnose, treat, or cure any disease or ailment. All information presented on PureRoots Websites, or any other materials we may provide to you, are designed for informational purposes only and are not intended to be a substitute for informed medical advice or care. Always check with a physician before trying any new dietary supplement or medicinal herb. If you think you are suffering from a medical condition, please seek medical attention. If you are thinking of making any changes to your diet, nutrition, or lifestyle, please consult with your healthcare provider. Do not use CBD products if you are pregnant or thinking of becoming pregnant.
*I understand that the statements regarding these materials, products or product ingredients have not been evaluated or approved by the FDA. These statements, products or product ingredients are not intended to diagnose, treat, cure or prevent any disease. Results from products may vary.*
- Sweepstakes, Contests, or Promotions
Any sweepstakes, contests or similar promotions made available through the PureRoots Websites, or for which PureRoots may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from this Agreement. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to this Agreement to the extent it does not conflict with the applicable official rules.
- Web Communities
Your comments, suggestions and information are important to us. Portions of the PureRoots Websites may provide you and other users an opportunity to participate in forum services, message boards, instant messaging, mobile services, blogs, third-party social networking sites, tweeting, web communities, and/or other message and communication facilities (including electronic greeting cards and send-a-friend e-mails) (collectively, “Web Communities”, and each being a “Web Community”), and may provide you with the opportunity, through such Web Communities or otherwise, to submit, post, display, transmit, and/or exchange submissions, which include without limitation information, ideas, opinions, messages or other information (collectively, “Submission” or “Submissions”).
You acknowledge that the Web Communities and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submissions to any Web Community. We cannot guarantee the security of any information you disclose through any of these media forums; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through any of the PureRoots Websites under your username or otherwise by you in any Web Community and for the consequences of submitting and posting the same. We disclaim any duty to monitor any Web Community.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submissions posted in any Web Community is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Web Community, and we specifically disclaim any and all liability in connection therewith.
You understand, acknowledge, and agree that we have the right (but not the duty) to delete, re-format and/or change your Submissions in any manner that we may determine. The amount of storage space on the PureRoots Websites per user is limited. Some Submissions may not be processed due to space constraints or outbound message limitations. You understand, acknowledge, and agree that we assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions.
Distributing Submissions through PureRoots’ Web Communities is for noncommercial purposes only, and you may not distribute in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
In order to engage the Web Communities and distribute Submissions on the PureRoots Websites, you may be required to register as a user (“User” or “Users”) with PureRoots and be at least eighteen (18) years old. Users younger than eighteen (18) are not allowed to view the PureRoots Websites except under the supervision of a parent or guardian. Your registering is contingent upon your providing PureRoots with true and complete information during the registration process. Your eligibility to register is automatically void where prohibited by law. Commercial businesses may not register with the PureRoots Websites unless they are pre-approved by PureRoots. Your registration will take effect upon acceptance of your registration form by PureRoots. Other terms and conditions may apply to your registration as posted from time-to-time on the PureRoots Websites. You may terminate your registration at any time, for any reason by following the instructions on the Manage Your Account page of the PureRoots Websites. PureRoots reserves the right to reject and to terminate your registration and use of the PureRoots Websites at any time, for any reason, without notice to you.
Any passwords used for the PureRoots Websites are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use and distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites to assist them in resolving security incidents. We reserve the right to investigate suspected violations of this Agreement and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.
- Commenting Policy
By using the PureRoots Websites, you agree that you will not distribute any Submission that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the PureRoots Websites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the PureRoots Websites; or
- (a) does not generally pertain to the designated topic or theme of the relevant Web Community; (b) violates any specific restrictions applicable to a Web Community, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other Users are or will be complying with the foregoing Commenting Policy or any other provisions of these terms and conditions of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any PureRoots Websites that violates these terms and conditions of use (including the Commenting Policy) and (b) identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms and conditions of (including the Commenting Policy) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any PureRoots Websites. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
- Mobile Applications
If PureRoots offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by any additional terms governing the applicable Mobile Application Service (“Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers, and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your User account information to ensure that your messages are not sent to the person who subsequently acquires your old number.
Under no circumstances will PureRoots, our parent company, our subsidiaries, licensees, assignees, distributors, agents, representatives, affiliates and other authorized users be responsible for any wireless email, text messaging or other charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) using any Mobile Application Services.
- Disputes Between Users
Resolution of disputes that may arise between Users is the sole responsibility of the Users, and PureRoots has no liability or obligation with respect to any such disputes.
“PureRoots Botanicals”, marks, and logos are trademarks and/or service marks of PureRoots Botanicals, LLC. All other trademarks, service marks and logos used on the PureRoots Websites are owned by PureRoots or used with permission of their respective owners.
- Changes to PureRoots Websites
PureRoots may change, suspend, or discontinue any aspect of the PureRoots Websites at any time, including the availability of any PureRoots Websites’ feature, database, or content. PureRoots may also impose limits on certain features and services or restrict your access to parts or all of the PureRoots Websites without notice or liability.
You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the PureRoots Websites any materials which (i) restrict or inhibit any other User from using and enjoying the PureRoots Websites; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold PureRoots, and all its officers, directors, agents, employees, information providers, subsidiaries, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. PureRoots reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PureRoots.
- Web Links / Advertising
The PureRoots Websites contain links and pointers to the other related Internet sites, resources, advertisers, and sponsors of the PureRoots Websites. Links to and from the PureRoots Websites to other third-party sites, maintained by third parties, do not constitute an endorsement by PureRoots or any of its subsidiaries or affiliates of any third-party resources, or their contents. PureRoots disclaims any and all responsibility for content contained in any third-party materials provided through links from the PureRoots Websites.
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in, or use the services of, or obtain goods and services of or from, our advertisers, sponsors, or promotional partners (collectively, the “Advertiser” or “Advertisers”) as a result of your use of the PureRoots Websites. All such communication, interaction and participation is strictly and solely between you and such Advertisers, and PureRoots shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
- Ads and Malware
We take great care and pride in creating the PureRoots Websites. We stay on the lookout for technical glitches that effect how the PureRoots Websites work. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your home computer may cause some technical glitches that effect how you see the PureRoots Websites. These technical glitches are beyond our control.
If you experience any unusual behavior, content, or ads on the PureRoots Websites, it may be the result of Malware on your computer. Malware (short for malicious software) is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs, and dialers, among others. While we work closely with our partners to ensure that everything on the PureRoots Websites is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our websites and on other sites that you visit.
We are not responsible for the effects of any third-party software, including Malware, on your computer system. You should carefully read the Help and/or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at firstname.lastname@example.org.
- Disclaimer of Warranties
THE PUREROOTS WEBSITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PUREROOTS WEBSITES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PUREROOTS, OUR SUBSIDIARIES, LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PUREROOTS WEBSITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PUREROOTS WEBSITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PUREROOTS WEBSITES OR ANY LINKED SITE. FURTHER, PUREROOTS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PUREROOTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PUREROOTS WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PUREROOTS WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUREROOTS, OUR SUBSIDIARIES, LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF THE PUREROOTS WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
- Limitation of Liability
PUREROOTS, OUR SUBSIDIARIES, LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE INSP WEBSITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE PUREROOTS WEBSITES, EVEN IF PUREROOTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PUREROOTS WEBSITES AND/OR SITE-RELATED SERVICES IS TO STOP USING THE PUREROOTS WEBSITES AND/OR THOSE SERVICES.
- Choice of Law; Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN UNION county, NORTH CAROLINA.
This Agreement constitutes the entire agreement between PureRoots and you with respect to your use of the PureRoots Websites. You agree that any cause of action you may have with respect to your use of the PureRoots Websites must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If PureRoots fails to act concerning any breach by you of this Agreement, you agree that any such failure to act does not waive PureRoots’ right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.