EFFECTIVE DATE: November 11, 2020
BY CHOOSING TO USE AND/OR ACCESS THE WEBSITE, YOU ACKNOWLEDGE AND CERTIFY THAT:
- YOU WILL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, TREATIES, AND ORDERS.
- YOU ARE AT LEAST TWENTY-ONE (21) YEARS OLD.
5331 S Macadam Ave Ste 258-741
Portland, OR 97239
You must be twenty-one (21) years or older to access the Website. If you are under twenty- one (21) years of age, you are not permitted to access the Website for any reason and we reserve the right to restrict, limit, or remove your access.
The Website is controlled and operated by us from our offices in Portland, Oregon. We make no representation that any of the materials or services to which you have been given access are available or appropriate for use in locations outside the United States. Your use of or access to the Website outside of the State of Oregon should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Oregon.
We hereby disclaim all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make the Website available “as is”, without warranty of any kind. Neither we nor the Website shall be held responsible or liable for the accuracy of any information transmitted or made available through the Website, nor responsible for any error or omissions in any of that information. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Your access and use of the Website may be unavailable during periods of peak demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for other reasons. You assume the risk of any and all damage or loss from use of, or inability to use or access the Website.
We cannot and do not represent or warrant that documents, files, data, or information accessible for downloading from the Internet will be free of infections, worms, viruses, or other code that may contain harmful or destructive properties. We do not accept responsibility for your use of the Internet or Website.
2. INTELLECTUAL PROPERTY & WEBSITE USAGE
All contents of the Website are Copyright © 2020 Wholesome Holdings, Inc. d/b/a JIBE Wellness. All rights are reserved. All of our trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Website, and all other proprietary rights (collectively, “Intellectual Property”) whether registered or not, are our property or are licensed to us. JIBE Wellness exclusively own all right, title, and interest in and to the Website, including all Intellectual Property.
By posting any reviews or making other user content (“User Content”) available through the Website, you hereby grant to JIBE Wellness a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and information on the Website to you and to other users.
To access certain features of the Website on your device, your device must satisfy certain system and technical requirements and have Internet access. You are solely responsible for all charges associated with your device, including, without limitation, Internet access and data charges by your wireless carrier or any third party.
3. DIGITAL MILLENIUM COPYRIGHT ACT (DCMA) NOTICE
If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. PROHIBITED CONDUCT
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable treaty, law, rule, order, or regulation or would give rise to civil, criminal, or administrative liability; (c) is fraudulent, false, misleading, untrue, or deceptive; (d) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (e) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (f) promotes illegal or harmful activities or substances;
- Without our express written consent, use, display, or publish any information or content on the Website, or any individual element within the Website; the JIBE Wellness name, Intellectual Property, or other proprietary information;
- Access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any our system or network or breach any of the security or authentication measures that we use or that are used by us for access to the Website;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
- Attempt to access or search the Website or download content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a JIBE Wellness trademark, logo URL or product name without our express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive, or false source-identifying information;
- Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Website;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Website;
- Collect or store any personally identifiable information, personal data, personal information, or other sensitive information from the Website or from other users of the Website without their express consent;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Encourage or enable any other individual to do any of the foregoing.
5. GOVERNING LAW; ARBITRATION
YOU AND JIBE WELLNESS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, ENFORCEABILITY, ARBITRABILITY, INTERPRETATION OR VALIDITY THEREOF, INCLUDING, WITHOUT LIMITATION, THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.
YOU AND JIBE WELLNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND JIBE WELLNESS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The parties to arbitration shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
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 at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding.
In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit.
IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS.
7. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY MAKING CLAIMS ON YOUR BEHALF OR THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL DAMAGES, EMOTIONAL DISTRESS, OR ANY DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, REPUTATION, BUSINESS, OR GOODWILL, OR BUSINESS INTERRUPTION, DAMAGES RELATING TO THE LOSS, INACCURACY, CORRUPTION, OR INACCESSIBILITY OF DATA, COSTS OF RECOVERING DATA, OR COSTS INCURRED IN REPAIRING OR REPLACING COMPUTERS, SOFTWARE, MOBILE DEVICES, TABLETS, OR OTHER DEVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR ANY INDEMNIFIED PARTY’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY MAKING CLAIMS ON YOUR BEHALF OR THROUGH YOU EXCEED EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
9. HEMP DISCLOSURE & AGREEMENT
We offer industrial hemp-derived products. We make no guarantee that you will be able to pass a drug test after consuming industrial hemp products sold on the Website.
None of the products listed on the Website have been approved by the Food and Drug Administration (“FDA”). By using this Website, you acknowledge that you understand that the statements regarding our products have not been evaluated by the FDA; that our products are not intended to diagnose, treat, or cure any disease or ailment; and that results from our products may vary. Always check with a physician before trying any new dietary supplement, medicinal herb, or botanical extract.
You agree not to seek to hold us or any of the persons identified as Indemnified Parties in Section 6 responsible, whether directly or indirectly, for any Losses of any kind arising from or relating in any way to criminal, civil, or administrative actions, claims, investigations, or proceedings against or involving you concerning our products.