Terms of Service - Heart & Soil Supplements

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Terms of Service

Effective Date: July 01, 2024

The Heartandsoil.co website and its associated products, services and content (collectively “Website”) is owned and operated by Heart & Soil Supplements, LLC (“Heart & Soil”, “our”, “us”, “we”), a Texas limited liability company. Heart & Soil has adopted this Terms of Service Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.  

PLEASE READ THIS AGREEMENT CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISIONS BELOW, BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

HEART & SOIL MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, IN THE EVENT HEART & SOIL MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Definitions
As used in this Agreement:

  • “Account” means a Registered User’s account with the Website.  
  • “Registered User(s)” means any individual has an account with the Website and/or pays for products or Services on the Website. 
  • “User(s)” means all individuals that visit and access the website, including Registered Users. 
  • “You / Your / You’re” means Users. 

About The Website
Heart & Soil is an e-commerce website offering and selling health and nutritional goods, delivering products to Users who order and purchase them, and providing and distributing the latest information and news about and related to Heart & Soil’s products. 

HEART & SOIL DOES NOT REPRESENT ITSELF AS A MEDICAL ENTITY OR A LICENSED HEALTHCARE PROVIDER, NOR IS THE INFORMATION PROVIDED HEREIN INTENDED AS MEDICAL ADVICE. AS SUCH, HEART & SOIL MAKES NO CLAIMS TO DIAGNOSE, TREAT, OR MEDICALLY ALLEVIATE CONDITIONS OR DISEASES. THE CONTENT ON THIS SITE SHOULD NOT BE USED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR TO DELAY SEEKING TREATMENT FROM A QUALIFIED HEALTHCARE PROVIDER. THE HEALTH-RELATED STATEMENTS MADE ABOUT THE PRODUCTS LISTED ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE EFFICACY OF THESE PRODUCTS HAS NOT BEEN CONFIRMED THROUGH FDA-APPROVED RESEARCH. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. ALL INFORMATION PRESENTED HERE IS NOT MEANT AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTHCARE PRACTITIONERS. PLEASE CONSULT YOUR HEALTHCARE PROFESSIONAL ABOUT POTENTIAL INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY PRODUCT. THE FEDERAL FOOD, DRUG, AND COSMETIC ACT REQUIRES THIS NOTICE.

IT IS THE RESPONSIBILITY OF THE USER TO ENSURE THEY ARE INFORMED ABOUT THE NATURE AND SAFETY OF OUR PRODUCTS. USERS SHOULD CONDUCT THEIR OWN RESEARCH AND VERIFY THE CLAIMS ASSOCIATED WITH THESE PRODUCTS. THE INFORMATION ON OUR WEBSITE IS INTENDED TO PROVIDE GENERAL INFORMATION REGARDING OUR PRODUCTS AND IS NOT TO BE CONSTRUED AS MEDICAL ADVICE OR INSTRUCTION.

Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.  

You warrant and represent that any and all information that you provide to Heart & Soil and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.  The Website is operated in the United States and Heart & Soil makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.  

Beta Services
Heart & Soil may, from time to time, offer access to the Website that is classified as a Beta version.  Heart & Soil makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Website, in whole or in part, at any time without notice.  Beta versions of the Website are provided AS IS, and may contain bugs, errors, or other defects.  Your use of a Beta version is at your sole risk. 

Ownership of Website and License
You acknowledge and agree that Heart & Soil is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Heart & Soil. 

Heart & Soil hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Heart & Soil, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Heart & Soil.  

Intellectual Property
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners.  Specifically, all photographs featured on the Website are copyrighted and owned by Heart & Soil, unless otherwise stated.  All Heart & Soil marks are the property of Heart & Soil, LLC, including, but not limited to HEART & SOIL and all Heart & Soil Supplement, LLC logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Heart & Soil. You are prohibited from using Heart & Soil’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Heart & Soil.

Website Use & Accounts
You can create an Account for the Website when purchasing products or services. Through your Account, you will be able to view, change, or delete information from your Account, as well as see your records, documents, and control your Account settings. 

When contacting Heart & Soil or creating an Account through the Website, you are agreeing to receive email notifications from Heart & Soil and other third-parties. Marketing email notifications from Heart & Soil contain an unsubscribe feature that allows you to “opt out” from future notifications.  Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy. Heart & Soil does not endorse you or discriminate based upon any information provided by you or made available through the Website.

You have a duty to ensure that the information provided through the Website and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website.  Heart & Soil reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning.  You agree to hold harmless and indemnify Heart & Soil for any damages that arise out of or in relation to the use of the Website. 

Registered Users agree to keep their Account secure from unauthorized access.  Registered Users will login to their Account using an e-mail and Account password.  Registered Users should not reveal their passwords to others.  Registered Users agree that they alone are responsible for their Account and all associated activities.  Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized.  In the case of unauthorized access to a Registered User’s Account, you agree to contact Heart & Soil immediately.  Registered Users agree to hold harmless and indemnify Heart & Soil for any damages that arise out of or in relationship to the use of their Account. 

Registered Users may cancel their Account from within your Account settings.  If a Registered Users cancels their Account, Heart & Soil is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data.  Heart & Soil is under no obligation to provide you with the data associated with your Website use and/or Account, except as otherwise provided in the Privacy Policy.  Heart & Soil recommends that you maintain your own backup of information submitted to the Website.

Electronic Communications
Visiting the Website or making any contact to Heart & Soil or through the Website to third parties shall constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

As part of doing business with Heart & Soil, Registered Users agree and consent to receiving unsolicited communications from Heart & Soil, including contact through the Registered Users’ provided email address, for purposes of providing updated and new information on the latest deals, investment opportunities, and electronic delivery of all documents, notices, contracts, and agreements arising from or relating to your use of the Website.  

Pricing
Prices for any services and products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinued products. In the event a service or product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. This right to refuse or cancel any order shall exist whether or not the order has been confirmed and you have been charged. If a charge has already occurred and your order is canceled, we will promptly issue a credit in the amount of the incorrect price.

Payment for Purchase
When making a purchase on the Website, payments are processed through a third-party payment processor, Shopify. By utilizing Shopify you are agreeing to their separate Terms of Service found here. 

Heart & Soil reserves the right to charge and/or change the service fee at any time, subject to applicable law.  Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom.  You understand and agree that Heart & Soil will not be held liable for any User’s failure to complete a transaction entered into through the Website. If you purchase a monthly (or other periodic) membership, you agree and acknowledge that your subscription has an initial and recurring payment charge each month on the date of your subscription at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation.

Services and Products may be purchased from the Website. Heart & Soil accepts credit and debit cards issued by United States banking institutions. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designated during the set up process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. 

You represent and warrant that if you are making online payments that: (a) any credit card debit card or bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit card company, debit card company or bank; (c) you will pay the charges incurred by you in the amounts posted, including taxes; and (d) you are the person to whom the credit card, debit card or bank account belongs to. 

Order Acceptance; Delivery
Heart & Soil reserves the right, at its sole discretion, to refuse or cancel any order for any reason. If any order is so canceled, you will be notified and all payments made will be refunded. Delivery of Services or Products to a carrier at Heart & Soil’s loading point shall constitute delivery to you. Regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by you. Claims for shortages or other errors in delivery must be made immediately after receipt of shipment. Heart & Soil’s shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond Heart & Soil’s control, including without limitation, any act of God, act of User, embargo or other government act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terrorism, delay in terrorism, or delays by Heart & Soil’s suppliers.

Sales and Availability
All prices displayed on the Website are quoted in U.S. Dollars, and are valid and effective only in the United States. Heart & Soil reserves the right without prior notice to discontinue or change specifications on products and services offered on this Website without incurring any obligations. The purchase of any services, products, or subscriptions are subject to Heart & Soil’s Refund and Subscription Policies. You acknowledge, agree and consent to the terms of our Refund and Subscription Policies. 

User Generated Content 
Users may submit content to the Website, including, but not limited to text, photos, and videos (collectively “User Generated Content”).  

Except as otherwise licensed herein, you own all rights in and to your User Generated Content.  User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services.  User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website.  You expressly acknowledge, however, that Heart & Soil does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant Heart & Soil a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Generated Content that you submit to the Website.  Heart & Soil acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.  Heart & Soil does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.  

Heart & Soil reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement.  Heart & Soil also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

To learn more about Heart & Soil’s copyright policies and learn how to submit an infringement claim based upon User Generated Content, please reference Heart & Soil’s Copyright Policy below.

Copyright Policy
The Heartandsoil.co website, content, and services (“Website”) are © 2024 Heart & Soil, LLC (“Heart & Soil”).  

Heart & Soil respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Heart & Soil and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of Heart & Soil has infringed upon your copyright rights, please provide Heart & Soil with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Heart & Soil receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Heart & Soil will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Heart & Soil with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on the Website;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

  1. Identification of the specific materials that have been removed from the Website;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification; 
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Texas;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to:

Traverse Legal, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49684

With a copy e-mailed to [email protected]

Prohibited Uses
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from: 

  • Posting, uploading, transmitting, or communicating content that:
    • Infringes upon the intellectual property rights of others;
    • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene; 
    • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
    • Incites any illegal activity or unlawful sexual solicitation;
    • Relates to weaponry, controlled substances, gambling, or debt collection;
    • Raises support or defense of anyone alleged to be involved in criminal activity;
    • Impersonates another or is fraudulent, inaccurate, or misleading;
    • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; 
    • Intends to collect personal or personally identifiable information from others;
    • Violates any term or condition of this Agreement;
    • Contains or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);
  • Using a robot, spider, scraper, or other automated technology to access the Website; 
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; 
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing Heart & Soil’ technological and physical security measures; 
  • Suggesting an affiliation with or endorsement by Heart & Soil. 

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Heart & Soil by sending an email to: [email protected]. 

Mobile Devices
The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  Heart & Soil is not responsible for any fees or errors that occur while accessing the Website via mobile device.  

Section 230 of Communications Decency Act
You acknowledge and agree that Heart & Soil is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Heart & Soil may edit, remove, or control the content displayed through the Website, you agree that Heart & Soil will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.  

Third Party & Affiliate Links
You understand that the Website may contain links to third party websites, applications, or services that Heart & Soil does not own or control. You agree that Heart & Soil will not be held responsible or liable for the content of third-party websites, applications, or services and that Heart & Soil’ inclusion of those websites, applications, or services within its Website does not constitute Heart & Soil’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement
From time to time, Heart & Soil will refer to commercial products, investment opportunities, securities, processes, services, experts, and/or websites.  Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate.  Heart & Soil does not endorse any commercial product, security, investment, process, service, expert, or website.  The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Heart & Soil and are not intended to be used for endorsement purposes.

Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation.  Heart & Soil may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. 

Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT HEART & SOIL DOES NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY OR QUALITY OF THE WEBSITE AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE WEBSITE, AND INTEGRITY AND ACCURACY OF THE WEBSITE. 

HEART & SOIL DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. HEART & SOIL PROVIDES THE WEBSITE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

HEART & SOIL WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. HEART & SOIL IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. HEART & SOIL RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. 

HEART & SOIL WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability
HEART & SOIL WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR PRODUCTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT HEART & SOIL CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO HEART & SOIL, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. 

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. HEART & SOIL IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification
You agree to hold harmless, indemnify, and defend Heart & Soil, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Heart & Soil under the terms of this Agreement will not provide you with the right to control Heart & Soil’ defense, and Heart & Soil reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Heart & Soil.

No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Heart & Soil may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website. 

Jurisdiction, Governing Law, and Resolution of Disputes
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas. 

YOU AND HEART & SOIL AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM HEART & SOIL, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES, AND BOTH PARTIES HEREBY WAIVE ANY RIGHTS TO SEEK OR RECOVER PUNITIVE DAMAGES WITH RESPECT TO ANY DISPUTE RESOLVED BY ARBITRATION. THE ARBITRATION WILL BE CONFIDENTIAL, AND NEITHER PARTY NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE NECESSARYTO ENFORCE OR TO COMPLY WITH LEGAL OBLIGATIONS. IF THE PARTIES DO NOT AGREE ON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, A PARTY MAY PETITION THE AAA TO APPOINT AN ARBITRATOR, WHO MUST SATISFY THE SAME EXPERIENCE REQUIREMENT. IN THE EVENT OF A DISPUTE, THE ARBITRATOR SHALL DECIDE THE ENFORCEABILITY AND INTERPRETATION OF THIS ARBITRATION AGREEMENT IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”). THE PARTIES ALSO AGREE THAT THE AAA’S RULES GOVERNING EMERGENCY MEASURES OF PROTECTION SHALL APPLY IN LIEU OF SEEKING EMERGENCY INJUNCTIVE RELIEF FROM A COURT. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING, AND NO PARTY SHALL HAVE RIGHTS OF APPEAL EXCEPT FOR THOSE PROVIDED IN SECTION 10 OF THE FAA. EACH PARTY SHALL BEAR ITS SHARE OF THE FEES PAID FOR THE ARBITRATOR AND THE ADMINISTRATION OF THE ARBITRATION; HOWEVER, THE ARBITRATOR SHALL HAVE THE POWER TO ORDER ONE PARTY TO PAY ALL OR ANY PORTION OF SUCH FEES AS PART OF A WELL-REASONED DECISION. THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD ATTORNEYS’ FEES ONLY TO THE EXTENT EXPRESSLY AUTHORIZED BY STATUTE OR CONTRACT. YOU AND HEART & SOIL AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND HEART & SOIL AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING. 

Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration
Heart & Soil hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Heart & Soil. 

No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Heart & Soil will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Heart & Soil inadvertently collects such personally identifiable information, Heart & Soil will delete the personally identifiable information in accordance with its security protocols. 

Limitation on Actions
HEART & SOIL AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED OR ACQUIRED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HEART & SOIL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights
All rights not expressly granted herein are reserved to Heart & Soil. 

Notice
Any notice required by this Agreement must be in writing and must be emailed to: [email protected].  

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC. 

HEART & SOIL SMS/MMS MOBILE MESSAGING PROGRAM TERMS AND CONDITIONS

Welcome to the Heart & Soil SMS/MMS Mobile Messaging Program (the “Program”). This policy outlines the terms and conditions governing your participation in our Program. By opting into this Program, you agree to these terms and conditions, which form a binding legal agreement between you (the “User”) and Heart & Soil (“We”, “Us”, “Our”).

Consent to Participate

  1. Opt-In to Receive Messages: You may choose to receive SMS/MMS messages from us by affirmatively opting into the Program through online or application-based enrollment forms. By opting in, you consent to receive autodialed or prerecorded marketing messages at the phone number associated with your opt-in. Consent is not required as a condition to purchase goods or services from us.
  2. Message and Data Rates: Please note that standard message and data rates may apply to all text messages sent and received. The frequency of message delivery may vary, and additional mobile messages may be sent periodically based on your interaction with us.

User Opt-Out and Support

  1. Opting Out: If at any time you wish to stop receiving messages from us, you can text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of the Program. You will receive an additional message confirming your decision to opt out. You acknowledge that the aforementioned keywords are the only reasonable methods of opting out. Any other methods, including alternative spellings or the addition of extra words or phrases, may not be recognized by our system.
  2. Support Instructions: For assistance, text “HELP” to the number you received messages from, or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-out requests must be made in accordance with the procedures outlined above.

Program Description: Participants in this Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of our products & health guiding services. These messages may include checkout reminders and are intended to enhance your shopping experience with us.

Disclaimer and Limitations

  1. Service Availability: The Program is offered on an “as-is” basis and may not be available in all areas at all times. We are not responsible for delayed or undelivered messages as delivery is subject to effective transmission from your mobile service provider.
  2. Liability: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Participant Requirements

  1. Eligibility: You must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  2. Age Restriction: You must be at least 13 years old to participate in this Program. If you are between the ages of 13 and 18, you must have parental or guardian permission to agree to these terms and engage with this Platform.

Content Prohibitions: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: 

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; 
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; 
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; 
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; 
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and – Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Compliance with Florida Telemarketing Laws: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Miscellaneous: This Agreement is part of and incorporated within the general Terms of Service that you have agreed to by using our website. All terms, conditions, definitions, and provisions concerning the governance, administration, and use of the SMS/MMS Mobile Messaging Program, not explicitly made in this Agreement, are addressed within the overarching Terms of Service of the website. 

By participating in this Program, you acknowledge and agree that you are bound not only by these Terms and Conditions but also by our website’s Terms of Service, including any modifications made thereto.