Terms Of Service

Last updated: January 4th, 2023

These terms of use, including the Privacy Policy, (hereinafter, the “Terms”) govern your use of each of the website www.sacredrootslife.com (the “Website”) and our online store accessible via the Website (the “Service”), and constitute the entire, complete, and binding agreement between Sacred Roots and you, and, if applicable, the entity or person on whose behalf you are entering into these Terms. The offer of the Service to you is conditioned upon your acceptance of these Terms.

Sacred Roots Foods & Supplements, LLC, a Texas limited liability company (“Sacred Roots”), owns and operates the Service.

BY USING THE SERVICE FOR ANY PURPOSE AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT (i) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (ii) YOU MEET THE ELIGIBILITY REQUIREMENTS DESCRIBED BELOW; AND, (iii) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AS THEY APPEAR ON EACH RESPECTIVE DATE THAT YOU USE THE SERVICE.  IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS OF USE, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SERVICE IN ANY WAY. PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO: hello@sacredrootslife.com

IMPORTANT NOTE

Please read carefully the sections titled “CANCELLATION, RETURNS, EXCHANGES”, “PRICE AND PAYMENT”, “DISPUTE RESOLUTION SYSTEM,” “DISCLAIMERS AND LIABILITY LIMITATIONS”, AND “INDEMNIFICATION”.  These provisions limit liability and affect how disputes are resolved including by arbitration without any right to a jury trial.  California residents, for more information on your rights under the California Consumer Privacy Act (“CCPA”) please review the “Notice for California Residents” section of our Privacy Policy.

  1. OUR DETAILS

Sacred Roots Foods & Supplements, LLC operates the Website and sells goods and services.

Sacred Roots Foods & Supplements, LLC is a Texas limited liability company.

Our address is: 1508 VO Tech Dr. Wexaco, TX 78599

Our contact email address is hello@sacredrootslife.com

  1. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE

You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s) are aware of these Terms and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms.  If for any reason whatsoever, such persons do not agree to these Terms or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.

  1. WHO MAY USE THE SERVICE

By accessing or using the Service, you represent that you are at least 18 years of age and have full legal capacity. If you are under 18 years of age, you may NOT use the Service.

  1. GEOGRAPHIC RESTRICTIONS

The Service is provided for users in the United States.  Although it may be possible to access the Website from other countries, we make no representation that our Service is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Service will be appropriate for users in other countries or states.  If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. CHANGES; DURATION
    • Changes

We reserve the right to modify, amend, or otherwise change these Terms, in whole or in part, at any time and at our sole discretion. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of these Terms. Each time you access the Service, you agree to be bound by the most current version of the Terms. However, it is ultimately your responsibility to review the Terms for any changes before using the Service. You may not change any elements of the Terms without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms.

  • Duration

Upon any access or use of the Service, the Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.

  1. YOUR ACCOUNT DETAILS

Access to and use of certain functionalities and features of the Service may require you to register for a user account (“Account”) with us.  If you decide to register an Account with us, you will provide us certain information to create and access your Account.  You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase.  You agree to keep your log-in information confidential and to not authorize any third party to use your Account.  You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself.  We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge.  You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you.  You agree to notify us immediately at hello@sacredrootslife.com if you suspect any unauthorized use of your Account or any other breach of security.  You may not sell or otherwise transfer your Account.  We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.

  1. USE OF THE SERVICE
    • Limited License to Use the Service

Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful, personal, and non-commercial purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in either the Service or any of the contents you find therein.

  • Information About You

We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you in a manner governed by our Privacy Policy. Sacred Roots may use such information without monetary compensation to you and in consideration for the various services and content provided or made available to you through the Service.

You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF SACRED ROOTS OR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO Sacred Roots.

  • Restrictions on Your Use of the Service

You agree that you will NOT use the Service, or any portion(s) thereof or content found therein, in any way not expressly permitted by these Terms or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:

  1. use the Service in a way that violates any law or infringes the rights of any person;
  2. use the Service or any of its contents to sell access to the Service or its contents, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;
  3. act as an agent, affiliate, or representative of Sacred Roots or the Service;
  4. suggest or imply that Sacred Roots or the Service has any relationship or affiliation with any other company or services, or that Sacred Roots endorses, sponsors, or recommends the contents, products or services on any website, webpage, or other platform;
  5. modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service or contents therein;
  6. circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service or any contents therein;
  7. impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;
  8. deep-link to any portion of the Service for any purpose; and,
  9. frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service.
  1. CALLS AND/OR TEXT MESSAGES

By providing us with your phone number (including as part of your Account), you agree to receive text messages and/or calls from us and/or our agents/affiliates, including via automated means, including via Automatic Telephone Dialing System and/or artificial or prerecorded voice, for any purpose, including but not limited to marketing and service-related messages.  You do not need to provide such consent as a condition of receipt of any good or service, in which case do not provide us your phone number.  You may opt-out at any time.

Message and data rates may apply.  The frequency of calls/text messages that we send to you depends on your transactions with us.  Any charges are billed by and payable to your wireless service provider.  Please contact your wireless service provider for pricing plans and details.  Text message services are provided on an “as is” basis and may not be available in all areas at all times.  Each text message will provide you instructions on how to opt-out.  In response to any request to opt-out, you may receive a message confirming you have opted-out.

  1. PURCHASE OF PRODUCTS
    • Purchases

To place an order for products on the Website, you should press the ‘pay now’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

At the checkout you will be given an opportunity to review your order, to make any amendments prior to placing an order.

You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the dispatch of your products ordered.

If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because:

  1. The product is out of stock;
  2. we were unable to authorize your payment or your billing information is not verifiable;
  3. because of unexpected limits on our resources which we could not reasonably plan for;
  4. an error in the price or description of the product;
  5. in our sole discretion, the order appears to be placed by dealers, resellers or distributors or otherwise appears fraudulent;
  6. your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
  7. we could not deliver to the address provided by you; or
  8. due to an event outside of our control (as further set forth herein).

We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order. The transaction will be concluded in English.

The Website is intended solely for Sacred Roots to sell food supplement products directly to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Sacred Roots product by someone who resells, or intends to resell, the Sacred Roots product to others (consumers, businesses or any third party).  If Sacred Roots believes you are involved in purchase for resale, Sacred Roots reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Account.

  • Changing Your Order

Due to the nature and speed involved with the Sacred Roots fulfilment process, once your order has been placed and payment processed, we will be unable to change the details of your order (such as delivery address, product types or quantity).  This in no way affects your legal right to cancel, as provided herein.  If you have any questions, please contact our customer service team at hello@sacredrootslife.com

  • Our Products

All orders are subject to acceptance and availability, which may vary depending on the shipping destination or available stock. Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct, however, we cannot guarantee the Website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

The images of the products on our Website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the Website, as a result of your device’s display of color.

If you have any questions or complaints about any product, please contact our customer service team at hello@sacredrootslife.com

  • Delivery

Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the time specified or thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and provide a refund, including shipping fees, within seven (7) business days.

It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.

You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery will be as displayed to you on our Website before you finalize your order, please check these carefully, you consent to this charge when you submit your order.

When your product is shipped from our warehouse we will send you a dispatch confirmation email. Please note that products may arrive in separate parcels and may require a signature. The estimated delivery time will be confirmed to you in your dispatch confirmation email. If we do not meet this delivery time, you are entitled to cancel your order by emailing us at hello@sacredrootslife.com. We may contact you to offer an alternative solution to reimbursement and re-delivery of your products. In the absence of your consent for an alternative, we will refund all amounts paid, including shipping fees, within fourteen (14) busines days after the date on which your order is terminated for non-delivery.

A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery.

  • Cancellation; Returns; Exchanges

The Limited Warranty and Return Policy governs product warranty, cancellation, return, and exchange.

  • Our Online Store

Our store is hosted on Shopify Inc. (“Shopify”). It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment; please see Section 9.7 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).

  • Price and Payment

The price of the product will be the price indicated on the email acknowledgment sent by us on completion of your order online. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced online.

Product prices shown on the Website are in U.S. Dollars and are valid and effective only in the United States. Product prices shown on the Website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.

If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.

Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.

You can find the available payment methods during the checkout process. We accept payment with Visa, Mastercard, American Express, Paypal, Apple Pay, Google Pay and Shop Pay. Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Full payment is due upon order placement and you will be charged when you press the 'Pay Now’ button at the end of the checkout process.

By placing your order and making an offer to buy a product, you authorize us and Shopify to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g., in order to authenticate your identity.

You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

  • Product Restrictions

There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.

  • Discount Codes

You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

  • Feedback

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You can submit Feedback for the products by email at hello@sacredrootslife.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Sacred Roots is under no obligation to pay for or respond to any such comments or feedback provided by users.

  1. CONTENT ON THE SERVICE
    • Definition of Content

“Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Service.

  • Content of Sacred Roots or Our Affiliates

One or more of Sacred Roots, or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Service for any reason and without notice to you. You may NOT reproduce Content found on the Service in other websites or platforms without obtaining our prior written consent.

  • Use of the Content

You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the Content without our prior written consent, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  1. Modify copies of any materials from this Website.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  4. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  1. ELECTRONIC COMMUNICATIONS

When you make a purchase on the Service, send us an email, or otherwise provide us your email address, you are communicating with us electronically and thereby consent to receive emails and other electronic communications, notices, messages, updates, offers, and information about our services and Products. We may publish or deliver electronic communications to you through one or more media of our choosing and in the form of periodic issues with a frequency of our choosing. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with a sales receipt, we will give you the opportunity to “Unsubscribe” and thereby opt-out of receiving electronic commercial communications from us by emailing us at hello@sacredrootslife.com

  1. LINKS
    • Links to Third-Party Websites

The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. Sacred Roots has no control over such third party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that Sacred Roots will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on our or through the Service, including payment and delivery of any advertised goods or services - and any other terms, conditions, warranties or representations associated with such dealings - are solely between you and such other user or third party. You agree that Sacred Roots shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on our website or located through the use of the Service.

  • Links From Third-Party Websites to Sacred Roots Website

Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-part websites, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.

You may link to the Service only in compliance with these Terms, and only in the following instances:

  1. The link does not reproduce the Service’s content, totally or partially, in any way;
  2. The link does not contain false, inaccurate or incorrect statements about Sacred Roots or the Service, in particular, statements that imply that Sacred Roots in any way authorizes or approves the provision of the link, or the products or services of the third-party where the link is provided; and,
  3. The third-party websites or resources where you link the Services do not contain or promote illicit, illegal, vulgar, obscene, sexual, erotic, pornographic, degrading, or otherwise inappropriate content, or racially, ethnically, or otherwise inappropriately discriminatory language.
  1. INTELLECTUAL PROPERTY RIGHTS

Any trademarks and service marks, trade names, trade dresses, logos, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, proprietary ideas, or any other intellectual property or proprietary rights displayed, performed, transmitted, or otherwise appearing on the Service and the Content therein (collectively, the “IP”) are owned by Sacred Roots, licensed to Sacred Roots, or used by Sacred Roots in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any use of the Service and the Content, other than as specifically authorized herein, is strictly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law.  Any rights not expressly granted herein are reserved by us. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: hello@sacredrootslife.com

  1. INDEMNIFICATION

You agree to defend, indemnify, reimburse, and hold harmless Sacred Roots as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, arising from or related to (i) your unauthorized use of the Service, (ii) your breach of any provision in these Terms, (iii) any of your representations or warranties made herein, (iv) your violation of any law or rights of any third party, or (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by us in the defense of any claim.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent. NOTHING STATED IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.

  1. DISCLAIMERS AND LIABILITY LIMITATIONS
    • Warranty Disclaimers

TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

  1. THE WEBSITE;
  2. THE CONTENT; OR
  3. SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

  • Sacred Roots’ Liability is Limited

We do not exclude our liability to you where it would be unlawful to do so.  If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO: (i) your use of the Service; (ii) any corruption or loss of data; (iii) any delay or inability to access the Service, including, without limitation, any interruptions, suspension or withdrawal of our website (for any reason whatsoever); (iv) any use you make of the Content, including any reliance you make on such Content; (v) any loss of savings, profits, sales, business or revenue; (vi) any loss of reputation or goodwill; (vii) any loss of savings; (viii) any loss of a chance or opportunity; or (ix) any other secondary, consequential or indirect losses. SACRED ROOTS’S AGGREGATE LIABILITY FOR DAMAGES RELATING TO THE TERMS SHALL NOT EXCEED IN AGGREGATE (A)  THE TOTAL FEES PAID TO SACRED ROOTS BY YOU (IF ANY), OR (B) A MAXIMUM OF ONE HUNDRED U.S. DOLLARS (US$100). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, Sacred Roots liability will be limited to the fullest extent permitted by applicable law.

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

To the extent that any of the provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

; and, in any event the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to Sacred Roots by you (if any), or (b) a maximum of one hundred U.S. Dollars (US$100).

  1. DISPUTE RESOLUTION SYSTEM
    • Governing Law

These Terms are made in, entered into, governed by, and will be construed in accordance with the laws of Texas, United States of America, without resort to its conflict of laws provisions, and with exclusion of application of the Vienna Convention on the International Sale of Goods.

  • Arbitration

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SACRED ROOTS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Sacred Roots AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Austin, Texas, United States, unless you and Sacred Roots otherwise agree in writing. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.

  • Irreparable Harm

Notwithstanding Section 11.2, you acknowledge that unauthorized use of the Service or Content or other breach of these Terms could result in immediate and irremediable damage to Sacred Roots, and that money damages alone would be inadequate to compensate Sacred Roots. Therefore, in the event of your breach or threatened breach of any provision of these Terms, Sacred Roots may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance.

  1. GENERAL PROVISIONS
    • Relationship of the Parties

No agency, partnership, joint venture, or employment relationship is created or exists between you and Sacred Roots or our affiliates unless expressly stated in another agreement.

  • Waivers

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.

  • Entire Agreement

These Terms constitute the full agreement in respect of your use of the Website and the Service, and supersede any other communication, understanding or agreement between you and Sacred Roots concerning the Website and the Service.

  • Severability

If any provision of these Terms is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.

  • Assignments

You may not assign or transfer the Terms or any licenses and rights discussed herein, without our prior written consent. Any attempt by you to assign, transfer, delegate or sublicense the Terms, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • Force Majeure

Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Terms is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.

  • Notices

All notices we are required to give you may be delivered electronically by email or through the Service. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices we send you will be deemed delivered when emailed or transmitted by us.

All notices, approvals, requests or demands you make to Sacred Roots, shall be in writing, and shall be sent by express courier as follows: 1508 VO Tech Dr. Wexaco, TX 78599

  • All Rights Reserved

All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.