EULA (Apple and Google Play Apps)
End-User License Agreement ("Agreement")
Last updated: January 27th, 2022
Please read this End-User License Agreement carefully before clicking the "IAgree" button, downloading or using AIQ.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings definedunder the following conditions. The following definitions shall have the samemeaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
* Application means the software program provided by the Company downloaded by You through an Application Store's account to a Device, named The Roots Dispensary LLC
* Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Roots Dispensary LLC., 805 W. Laurel Ave., Lompoc CA 93436.
* Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
* Country refers to: California, United States
* Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
* Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices.
* Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
* You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the "I Agree" button, downloading or using the Application, Youare agreeing to be bound by the terms and conditions of this Agreement. If Youdo not agree to the terms of this Agreement, do not click on the "I Agree"button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governsyour use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with theApplication Store. Therefore, the Company is solely responsible for theApplication and its content. Although the Application Store is not a party tothis Agreement, it has the right to enforce it against You as a third partybeneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, forexample, Family Sharing / Family Group or volume purchasing, the use of theApplication by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictlyin accordance with the terms of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limitedlicense to download, install and use the Application strictly in accordancewith the terms of this Agreement.
You may only use the Application on a Device that You own or control and aspermitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal,non-commercial purposes strictly in accordance with the terms of thisAgreement.
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. * Copy or use the Application for any purpose other than as permitted under the above section 'License'. * Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. * Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
The Company is not responsible for the entries, information or content of theApplication's users. You expressly understand and agree that You are solelyresponsible for the Content and for all activity that occurs under youraccount, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting,intended to disgust, threatening, libelous, defamatory, obscene or otherwiseobjectionable. Examples of such objectionable Content include, but are notlimited to, the following:
* Unlawful or promoting unlawful activity. * Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. * Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. * Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. * Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. * Impersonating any person or entity including the Company and its employees or representatives. * Violating the privacy of any third person. * False information and features.
The Company reserves the right, but not the obligation, to, in its solediscretion, determine whether or not any Content is appropriate and complieswith this Agreement, refuse or remove any Content. The Company furtherreserves the right to make formatting and edits and change the manner anyContent. The Company can also limit or revoke the use of the Application ifYou post such objectionable Content.
As the Company cannot control all content posted by users and/or third partieson the Application, you agree to use the Application at your own risk. Youunderstand that by using the Application You may be exposed to content thatYou may find offensive, indecent, incorrect or objectionable, and You agreethat under no circumstances will the Company be liable in any way for anycontent, including any errors or omissions in any content, or any loss ordamage of any kind incurred as a result of your use of any content.
The Application, including without limitation all copyrights, patents,trademarks, trade secrets and other intellectual property rights are, andshall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect toany third party claim arising out of or relating to the Application. To theextend the Company is required to provide indemnification by applicable law,the Company, not the Application Store, shall be solely responsible for theinvestigation, defense, settlement and discharge of any claim that theApplication or your use of it infringes any third party intellectual propertyrights.
Your Suggestions ================
Any feedback, comments, ideas, improvements or suggestions provided by You tothe Company with respect to the Application shall remain the sole andexclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute theSuggestions for any purpose and in any way without any credit or anycompensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarilyor permanently, the Application or any service to which it connects, with orwithout notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to thefeatures/functionality of the Application, which may include patches, bugfixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of theApplication. You agree that the Company has no obligation to (i) provide anyUpdates, or (ii) continue to provide or enable any particular features and/orfunctionalities of the Application to You.
You further agree that all updates or any other modifications will be (i)deemed to constitute an integral part of the Application, and (ii) subject tothe terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download anduse of the Application. To the extent that any maintenance or support isrequired by applicable law, the Company, not the Application Store, shall beobligated to furnish any such maintenance or support.
The Application may display, include or make available third-party content(including data, information, applications and other products services) orprovide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for anyThird-party Services, including their accuracy, completeness, timeliness,validity, copyright compliance, legality, decency, quality or any other aspectthereof. The Company does not assume and shall not have any liability orresponsibility to You or any other person or entity for any Third-partyServices.
You must comply with applicable Third parties' Terms of agreement when usingthe Application. Third-party Services and links thereto are provided solely asa convenience to You and You access and use them entirely at your own risk andsubject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company.The Company may, in its sole discretion, at any time and for any or no reason,suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from theCompany, in the event that you fail to comply with any provision of thisAgreement. You may also terminate this Agreement by deleting the Applicationand all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Applicationand delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights orremedies at law or in equity in case of breach by You (during the term of thisAgreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries,affiliates, officers, employees, agents, partners and licensors (if any)harmless from any claim or demand, including reasonable attorneys' fees, dueto or arising out of your: (a) use of the Application; (b) violation of thisAgreement or any law or regulation; or (c) violation of any right of a thirdparty.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with allfaults and defects without warranty of any kind. To the maximum extentpermitted under applicable law, the Company, on its own behalf and on behalfof its affiliates and its and their respective licensors and serviceproviders, expressly disclaims all warranties, whether express, implied,statutory or otherwise, with respect to the Application, including all impliedwarranties of merchantability, fitness for a particular purpose, title andnon-infringement, and warranties that may arise out of course of dealing,course of performance, usage or trade practice. Without limitation to theforegoing, the Company provides no warranty or undertaking, and makes norepresentation of any kind that the Application will meet your requirements,achieve any intended results, be compatible or work with any other software,applications, systems or services, operate without interruption, meet anyperformance or reliability standards or be error free or that any errors ordefects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company'sprovider makes any representation or warranty of any kind, express or implied:(i) as to the operation or availability of the Application, or theinformation, content, and materials or products included thereon; (ii) thatthe Application will be uninterrupted or error-free; (iii) as to the accuracy,reliability, or currency of any information or content provided through theApplication; or (iv) that the Application, its servers, the content, ore-mails sent from or on behalf of the Company are free of viruses, scripts,trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warrantiesor limitations on applicable statutory rights of a consumer, so some or all ofthe above exclusions and limitations may not apply to You. But in such a casethe exclusions and limitations set forth in this section shall be applied tothe greatest extent enforceable under applicable law. To the extent anywarranty exists under law that cannot be disclaimed, the Company, not theApplication Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of theCompany and any of its suppliers under any provision of this Agreement andyour exclusive remedy for all of the foregoing shall be limited to the amountactually paid by You for the Application or through the Application or 100 USDif You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall theCompany or its suppliers be liable for any special, incidental, indirect, orconsequential damages whatsoever (including, but not limited to, damages forloss of profits, loss of data or other information, for business interruption,for personal injury, loss of privacy arising out of or in any way related tothe use of or inability to use the Application, third-party software and/orthird-party hardware used with the Application, or otherwise in connectionwith any provision of this Agreement), even if the Company or any supplier hasbeen advised of the possibility of such damages and even if the remedy failsof its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation ofincidental or consequential damages, so the above limitation or exclusion maynot apply to You.
You expressly understand and agree that the Application Store, itssubsidiaries and affiliates, and its licensors shall not be liable to Youunder any theory of liability for any direct, indirect, incidental, specialconsequential or exemplary damages that may be incurred by You, including anyloss of data, whether or not the Application Store or its representatives havebeen advised of or should have been aware of the possibility of any suchlosses arising.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid,such provision will be changed and interpreted to accomplish the objectives ofsuch provision to the greatest extent possible under applicable law and theremaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to requireperformance of an obligation under this Agreement shall not effect a party'sability to exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute a waiver of anysubsequent breach.
The Company does not make any warranties concerning the Application. To theextent You have any claim arising from or relating to your use of theApplication, the Company, not the Application Store, is responsible foraddressing any such claims, which may include, but not limited to: (i) anyproduct liability claims; (ii) any claim that the Application fails to conformto any applicable legal or regulatory requirement; and (iii) any claim arisingunder consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that issubject to the United States government embargo, or that has been designatedby the United States government as a "terrorist supporting" country, and (ii)You are not listed on any United States government list of prohibited orrestricted parties.
Changes to this Agreement =========================
The Company reserves the right, at its sole discretion, to modify or replacethis Agreement at any time. If a revision is material we will provide at least30 days' notice prior to any new terms taking effect. What constitutes amaterial change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions becomeeffective, You agree to be bound by the revised terms. If You do not agree tothe new terms, You are no longer authorized to use the Application.
Governing Law =============
The laws of the Country, excluding its conflicts of law rules, shall governthis Agreement and your use of the Application. Your use of the Applicationmay also be subject to other local, state, national, or international laws.
Entire Agreement ================
The Agreement constitutes the entire agreement between You and the Companyregarding your use of the Application and supersedes all prior andcontemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You useor purchase other Company's services, which the Company will provide to You atthe time of such use or purchase.
Contact Us ==========
If you have any questions about this Agreement, You can contact Us:
* By email: Hello@visittheroots.com
* By visiting this page on our website: https://visittheroots.com
* By phone number: 805-322-8032