Terms of Service Agreement

Terms of Service Agreement

Welcome to Deep Roots Harvest, operated by Deep Roots Medical, LLC, located at 195 Willis Carrier Canyon, Mesquite, NV 89034. By using the website located at https://deeprootsharvest.com/, the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”). If you object to anything in this Agreement or the Deep Roots Harvest Privacy Policy, do not use the Websites.

This Agreement is subject to change by Deep Roots Harvest at any time, effective upon posting on the relevant website. Your continued use of the Websites constitutes your express acceptance of and consent to the then-revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites.

1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. Commercial Use of Websites. If you are using and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. Use of the Websites is with the permission of Deep Roots Harvest, which may be revoked at any time, for any reason, in Deep Roots Harvest’s sole discretion.

3. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Deep Roots Harvest of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log out from your account when you exit the Websites. Deep Roots Harvest will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Deep Roots Harvest account.

4. Your Use of the Websites

a. You may not browse or download illegal content.

b. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by Deep Roots Harvest.

c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).

d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.

e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.

g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).

h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

● any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Deep Roots Harvest’s sole and reasonable discretion;
● any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
● any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Deep Roots Harvest’s sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user’s use and enjoyment of the Websites; or
● any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

k. You must not rent, sell or lease access to the Websites, or any Content on the Websites.

l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Deep Roots Harvest employee. If Deep Roots Harvest, in its sole discretion, believes that your behavior towards any of the other users or Deep Roots Harvest employees is at any time threatening or offensive, Deep Roots Harvest may immediately terminate your membership and you will not be entitled to any refund of unused subscription fees, if any were paid.

n. You must not sell or transfer, or offer to sell or transfer, any Deep Roots Harvest account to any third party without the prior written approval of Deep Roots Harvest.

o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including, without limitation, through spidering or any form of scraping.

p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Deep Roots Harvest or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Deep Roots Harvest’s servers, system or network or attempt to breach Deep Roots Harvest’s data security or authentication procedures; attempt to interfere with the Websites by any means including, without limitation, hacking Deep Roots Harvest’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Deep Roots Harvest under these Terms of Service, Deep Roots Harvest reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Deep Roots Harvest has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

5. Modifications to Websites. Deep Roots Harvest reserves the right at any time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice. You agree that Deep Roots Harvest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites.

6. Blocking of IP Addresses. In order to protect the integrity of the Websites, Deep Roots Harvest reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Websites.

7. Content.

a. Proprietary Rights. Deep Roots Harvest retains all proprietary rights in the Websites. The Websites contain the copyrighted material, trademarks, and other proprietary information of Deep Roots Harvest and its licensors. Except where Deep Roots Harvest has given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on the Websites is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Deep Roots Harvest. Distribution of the Websites’ content to others is strictly prohibited. You agree that Deep Roots Harvest would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Deep Roots Harvest shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
The Websites may provide links to third-party websites, and some of the content appearing on the Websites may be supplied by third parties. Deep Roots Harvest has no responsibility for these third-party websites, nor for their content, which is subject to and governed by the terms of service and/or privacy policies, if any, of the applicable third-party content providers.

8. Restrictions on Use of Materials. You acknowledge that the Websites contain images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Deep Roots Harvest owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on the Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your device, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you obtain prior written consent from Deep Roots Harvest.

9. Repeat Infringers. Deep Roots Harvest will suspend or terminate your access to the Websites if Deep Roots Harvest determines, in its sole discretion, that you have repeatedly breached these Terms of Service.

We will also suspend or terminate your access without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Deep Roots Harvest at its sole discretion.

Please note that we do not offer refunds to user whose accounts are terminated as a result of repeated infringement of these Terms of Service.

10. Limitation of Liability. In no event shall Deep Roots Harvest be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or use thereof. Nothing contained in the Websites, this Agreement, or in any written or oral communications from Deep Roots Harvest or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Deep Roots Harvest makes no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Websites is at your sole risk. UNDER NO CIRCUMSTANCES SHALL DEEP ROOTS HARVEST, ITS OFFICERS, OWNERS, EMPLOYEES, OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR THE INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF DEEP ROOTS HARVEST HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DEEP ROOTS HARVEST HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR WEBSITES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL, OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DEEP ROOTS HARVEST HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY, OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Deep Roots Harvest and sole remedy available to you in any case in any way arising out of or relating to the Terms of Service or Websites shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to Deep Roots Harvest during the six months prior to notice to Deep Roots Harvest of the dispute for which the remedy is sought.

11. Indemnity by You. You agree to indemnify and hold Deep Roots Harvest, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

a. your use of the Websites in violation of these Terms of Service and/or arising from a breach of these Terms of Service; or

b. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Deep Roots Harvest.

12. Attorney Fees. In the event that Deep Roots Harvest is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Deep Roots Harvest’s attorneys’ fees and costs.

13. Age Requirement. The content of the Websites is aimed at persons at least twenty-one (21) years of age. No persons under twenty-one (21) years of age may access or use the Websites.

14. Privacy. Use of the Websites is also governed by our Privacy Policy, located at https://deeprootsharvest.com/privacy.

15. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites, by using the Websites, you expressly agree that any such dispute shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Nevada, for the resolution of any such dispute. Acceptance of the terms and conditions of these Terms of Service constitutes your consent to be sued in such courts and to accept service of process outside the State of Nevada with the same force and effect as if such service had been made within the State of Nevada. You hereby agree to accept service of process for any action hereunder by certified mail, return receipt requested, which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

16. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites, you agree that any and all disputes, claims and causes of action arising out of or connected with the Websites (collectively, “Claim”), shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Nevada, County of Clark. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Nevada, County of Clark.

17. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this Agreement.

18. Availability Outside the U.S. If you access Deep Roots Harvest from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by Deep Roots Harvest in its sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

19. Entire Agreement. These Terms of Service contain the entire agreement between you and Deep Roots Harvest regarding the use of the Websites.

20. Severability; Waiver. If any provision of these Terms of Service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. In addition, Deep Roots Harvest’s failure to enforce any term of these Terms of Service shall not be deemed as a waiver of such term or otherwise affect Deep Roots Harvest’s ability to enforce such term at any point in the future.

21. Headings. The section headings contained in these Terms of Service are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.