1.3 The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms and Conditions without notice or liability to you, but has no obligation to do so. Any changes to the Terms and Conditions shall be effective immediately following the posting of such changes. You agree to review the Terms and Conditions from time to time and agree that any subsequent use by you of the Products following changes to the Terms and Conditions shall constitute your acceptance of all such changes.
1.4 THE PRODUCTS AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PRODUCTS AND WEBSITE ARE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO DELETE UPLOADED CONTENT AND TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS AND CONDITIONS.
2. Access to Website
2.1 The Company makes no claims that the Website may be lawfully accessed in any specific location. Access to the Website may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Website you are solely responsible for compliance with the laws and regulations of your jurisdiction.
2.2 Any users accessing the Website or purchasing products must be at least eighteen (18) years of age.
3. Your Conduct
3.1 The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company.
3.2 You are prohibited from violating or attempting to violate the security of the Products, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Products, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) scraping or harvesting data.
3.3 Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
4. User Information
4.1 You are solely responsible for the information you input or upload to the Website, and warrant and represent you have the right and authorization to input or upload all such information. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms and Conditions, other Company policies, and applicable laws and regulations.
4.2 If you register on the Website or purchase Products, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
5. Username and Password
5.1 You are responsible for maintaining the confidentiality of your username and password, and are responsible for all uses of your username and password.
5.2 You are not authorized to share your username and password with any third party.
5.3 You agree to immediately notify the Company of any unauthorized use of your username or password.
6. Use of Products and Information
6.1 The FDA has not evaluated the Products or the information accessed through the Website. Nothing contained on the Website is intended to diagnose, treat, cure, or prevent any disease.
6.2 The Products and information is offered with the understanding that the Company assumes no responsibility or liability whatsoever on the behalf of users who purchase the Products or directly or indirectly act on the information offered through the Website. Any use of the Products or information is solely at your own risk.
6.3 Each user is solely responsible for deciding whether the Products are suitable for their own purposes and whether the Products match their needs. The Company offers no express or implied guarantees or warranties regarding the benefits or effectiveness of the Products or that you will find the Products satisfactory, complete, of benefit, or suitable for your own circumstances.
6.4 Under no circumstances is the Company providing advice or consultation. Users are encouraged to undertake independent research and/or seek appropriate advice as relates to their use of the Products, especially at it may relate to allergies or intolerances to products.
6.5 The nutritional information on the Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Website.
6.6 The Products are intended for use by adults only and not for use by children under 18 or by women who are pregnant or nursing.
7. User Comments and Suggestions
7.1 While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
7.2 If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
7.3 No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
8. Intellectual Property
8.1 “RAW Forest Foods”, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful.
8.2 The Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other laws of the United States and other countries.
8.3 You may not sell or modify the Website content or the Products, or reproduce, display, publicly perform, distribute, or otherwise use the Website content or the Products in any manner or for any purpose.
9. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
9.1 If you believe that any copyrighted work is accessible on or through these Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
9.1.1 The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
9.1.2 A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
9.1.3 Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
9.1.4 Your name, address, telephone number, and e-mail address;
9.1.5 A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
9.1.6 A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
9.2 Upon receipt of notification of a Notice of copyright infringement, the Company may remove or disable access to the alleged infringing material, or terminate the alleged infringer's access to its account. The alleged infringer may provide a written Counter Notification meeting the following criteria:
9.2.1 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
9.2.2 A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
9.2.3 Your name, address, telephone number, and e-mail address;
9.2.4 Consent to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer's address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person; and
9.2.5 A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
9.3 We have designated Ryan Wade as our agent to receive notices of claims of copyright infringement on our website. You can contact Ryan Wade as follows:
Mail: PO Box 102, Burlington, VT 05402
Telephone: (802) 349-1347
10. WARRANTY DISCLAIMER
10.1 THE PRODUCTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
10.2 THE COMPANY HAS NO FIDUCIARY OBLIGATIONS AND SHALL NOT BE RESPONSIBLE OR LIABLE, AND YOU AGREE NOT TO HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR SUCH OCCURRENCES AS THE WEBSITE NOT OPERATING ERROR-FREE OR OPERATING WITH COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, YOUR INABILITY TO USE THE WEBSITE, DELAYS OR DISRUPTIONS, DAMAGE TO YOUR EQUIPMENT OR DATA, YOUR RELIANCE ON THE COMMUNICATIONS, THE LOSS, INTERCEPTION OR ALTERATION OF ANY TRANSMISSIONS OVER THE INTERNET, OR THE LOSS OR INADVERTENT RELEASE OF THE COMMUNICATIONS, INFORMATION OR MATERIALS.
10.3 SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING DISCLAIMERS, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
11.1 IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, NOR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.
11.2 THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR INFORMATION, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO THE COMPANY.
11.3 SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
12.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE PRODUCTS OR INFORMATION; (II) ANY INFORMATION YOU PROVIDE, (III) OR YOUR BREACH OF THE TERMS OF THIS TERMS AND CONDITIONS. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND MAY ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
13. Additional Terms and Conditions
13.1 Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal/agent relationship between users and the Company.
13.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Vermont applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Users irrevocably consent to the exclusive jurisdiction of the courts located in the State of Vermont in connection with any action arising out of or related to these Term and Conditions and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
13.3 If any court having competent jurisdiction holds any provision of this Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms and Conditions shall continue in full force and effect.
13.4 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
13.5 Users consent to the use of electronic means to deliver any notices pursuant to these Terms and Conditions.
13.6 Users may not assign these Terms and Conditions or any of its rights or obligations hereunder.
13.7 This Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and does not create any rights for any other parties.
13.8 Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.
13.9 These Terms and Conditions constitute the entire agreement between and among users and the Company pertaining to the subject matters hereof, and supersede all negotiations and understandings.