Last Updated: [March 17, 2016]
WildRoots Foods reserves the right to change or modify these Terms at any time and in its sole discretion. If WildRoots Foods makes changes to these Terms, it will provide notice of such changes, such as by posting a notice on the Site or updating the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.
If you have any questions regarding the Site, please contact WildRoots Foods by emailing email@example.com.
By accessing or using the Site, you represent and warrant that you are a resident of the United States and at least 18 years old. If you are not 18 or older, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Buck Wild logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of WildRoots Foods or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or the Site Materials, except as expressly permitted by WildRoots Foods; or (f) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of WildRoots Foods, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
"WILDROOTS FOODS," "BUCK WILD," the WildRoots Foods logos and any other product or service name or slogan contained on the Site are trademarks of WildRoots Foods and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of WildRoots Foods or the applicable trademark holder.
You may not use any metatags or any other hidden text utilizing "WildRoots Foods," “Buck Wild,” or any other name, trademark or product or service name of WildRoots Foods without WildRoots Foods’ prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts is the service mark, trademark and/or trade dress of WildRoots Foods and may not be copied, imitated or used, in whole or in part, without WildRoots Foods’ prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WildRoots Foods.
5. Acceptable Use of the Site
You agree that your use of the Site will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Site. You further agree not to
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner;
- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
- Attempt to indicate in any manner that you have a relationship with WildRoots Foods or that WildRoots Foods has endorsed you or any products or services for any purpose;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Site for the purpose of sending spam or other commercial messages;
- Attempt to reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- Use or attempt to use another’s account without authorization from such user and WildRoots Foods;
- Develop any third-party applications that interact with User Content or the Site without WildRoots Foods’ prior written consent; or
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by WildRoots Foods to access the Site, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray WildRoots Foods or its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a WildRoots Foods logo or other proprietary graphic of WildRoots Foods to link to this Site without the express written permission of WildRoots Foods. Further, you may not use, frame or utilize framing techniques to enclose any WildRoots Foods trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without WildRoots Foods' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WildRoots Foods or any third party.
7. Third-Party Content
The Site may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social "widgets" (collectively, "Third-Party Content"). WildRoots Foods does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that WildRoots Foods is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on the Site does not imply affiliation, endorsement or adoption by WildRoots Foods of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. WildRoots Foods is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on the Site. When you leave the Site, you should understand that WildRoots Foods’ terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about WildRoots Foods, the Site or WildRoots Foods’ products (collectively, "Submissions"). You acknowledge and agree that Submissions are non-confidential and shall become the sole property of WildRoots Foods. WildRoots Foods shall own, and you hereby assign to WildRoots Foods, all right, title, and interest, including all intellectual property rights, in and to such Submissions and WildRoots Foods shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by WildRoots Foods to confirm such assignment to WildRoots Foods.
9. Copyright Complaints
WildRoots Foods respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may file a notification of such infringement with WildRoots Foods’ Designated Agent as set forth below.
|Designated Agent:||Toyinaminia Norwood|
|Address:||18100 Andover Park West|
|Tukwila, WA 98138-2176|
|Telephone Number:||(800) 426-0955|
|Fax Number:||(206) 299-3935|
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by WildRoots Foods or the alleged infringer as the result of WildRoots Foods’ relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. Contests, Sweepstakes and Other Promotions
WildRoots Foods may administer, operate or run contests, sweepstakes and other promotions (collectively, “Promotions”) on the Site and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.
You agree to defend, indemnify and hold harmless WildRoots Foods, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “WildRoots Foods Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your conduct in connection with the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WILDROOTS FOODS. WILDROOTS FOODS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SITE MATERIALS. WILDROOTS FOODS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WILDROOTS FOODS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE MATERIALS SAFE, WILDROOTS FOODS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILDROOTS FOODS OR THE WILDROOTS FOODS PARTIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM WILDROOTS FOODS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WILDROOTS FOODS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WILDROOTS FOODS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WILDROOTS FOODS FOR ACCESS TO OR USE OF THE SITE.
14. Modifications to the Site
WildRoots Foods reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that WildRoots Foods will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH WILDROOTS FOODS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WILDROOTS FOODS.
Except for small claims disputes in which you or WildRoots Foods seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or WildRoots Foods seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and WildRoots Foods waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Site or Site Materials resolved in court. Instead, all disputes arising out of or relating to these Terms or our Site or Site Materials will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and WildRoots Foods agree that any dispute arising out of or related to these Terms or our Site or Site Materials is personal to you and WildRoots Foods and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and WildRoots Foods agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and WildRoots Foods agree that for any arbitration you initiate, you will pay the filing fee and WildRoots Foods will pay the remaining JAMS fees and costs. For any arbitration initiated by WildRoots Foods, WildRoots Foods will pay all JAMS fees and costs. You and WildRoots Foods agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or our Site or Site Materials must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and WildRoots Foods will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
16. Applicable Law and Venue
These Terms and your use of the Site and Site Materials shall be governed by and construed in accordance with the laws of Washington, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 17 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms or the Site and Site Materials shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or theuse of the Site and Site Materials.
WildRoots Foods reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.