Last updated January, 26, 2023

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The website located at www.dvineroot.com (the “Site”) is a copyrighted work belonging to D'Vine Root Bakery, LLC. (“D'Vine Root Bakery” “Us,”“Our,” and/or “We”),  D'Vine Root Bakery provides in-store product review and ordering services on websites, including DVineRoot.com. Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “user,” “you” and “your” refer to you, a user of our Site and/or Services.

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THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

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PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

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1. IMPORTANT DISCLAIMERS.

ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY D'VINE ROOT BAKERY ON ANY WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY.  D'VINE ROOT BAKERY DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). D'VINE ROOT BAKERY IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES.

• D'VINE ROOT BAKERY DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF D'VINE ROOT BAKERY SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND D'VINE ROOT BAKERY-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA D'VINE ROOT BAKERY SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON D'VINE ROOT BAKERY SOCIAL MEDIA PAGES AND CHANNELS

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THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.

2. ELIGIBILITY AND ACCOUNTS.

2.1 Eligibility. You must be 21 years of age or a qualified medical marijuana patient to use the Site and/or Services within the United States.

2.2 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with D'VINE ROOT BAKERY (“D'VINE ROOT BAKERY Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one D'VINE ROOT BAKERY Account. D'VINE ROOT BAKERY may suspend or terminate your Leafly Account in accordance with Sections 6.4 and 11.

2.3 Account Deletion. You may delete your D'VINE ROOT BAKERY Account at any time, for any reason, by sending an email to DvineRoot1@gmail.com which includes your D'VINE ROOT BAKERY Account Username and your request to delete your account.

2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your D'VINE ROOT BAKERY Account login information and are fully responsible for all activities that occur under your D'VINE ROOT BAKERY Account. You agree to immediately notify D'VINE ROOT BAKERY of any unauthorized use, or suspected unauthorized use, of your D'VINE ROOT BAKERY Account or any other breach of security. D'VINE ROOT BAKERY cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.5 Social Networking Services. Alternatively, we may permit you to login to the Site or Service or otherwise associate your D'VINE ROOT BAKERY Account with your login credentials from certain social networking sites (e.g., Facebook and Twitter) (“SNS”). If you log in or otherwise associate your D'VINE ROOT BAKERY Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of said SNS will apply to the information we disclose to them.

3. SITE AND MOBILE APP

3.1 License. Subject to the terms of this Agreement, D'VINE ROOT BAKERY grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. 

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

3.3 Modification. D'VINE ROOT BAKERY reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that D'VINE ROOT BAKERYwill not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

3.4 Ownership. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by D'VINE ROOT BAKERY or D'VINE ROOT BAKERY’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. D'VINE ROOT BAKERY and its suppliers reserve all rights not granted in this Agreement.

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4. COMMUNICATIONS

4.1 Text Messaging. By using the Services or Software, you agree and consent to Leafly and those acting on its behalf sending you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from D'VINE ROOT BAKERY, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on D'VINE ROOT BAKERY, communications concerning promotions run by us or our third-party partners, and news concerning D'VINE ROOT BAKERY and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of purchase of any goods or services offered by D'VINE ROOT BAKERY. If you change or deactivate the phone number you provided toD'VINE ROOT BAKERY, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed un-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Paragraph 13.

5. USER CONTENT

5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that D'VINE ROOT BAKERY is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. D'VINE ROOT BAKERY does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.

5.2 User Content – Restrictions. You agree not to use the Site, Services, or any of D'VINE ROOT BAKERY’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by D'VINE ROOT BAKERY. You acknowledge and agree that D'VINE ROOT BAKERY is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. D'VINE ROOT BAKERY does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not D'VINE ROOT BAKERY), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. D'VINE ROOT BAKERY is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.

5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to D'VINE ROOT BAKERY an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

5.5 Feedback. If you provide D'VINE ROOT BAKERY any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to D'VINE ROOT BAKERYall rights in the Feedback and agree that D'VINE ROOT BAKERY shall have the right to use such Feedback and related information in any manner it deems appropriate. D'VINE ROOT BAKERY will treat any Feedback you provide to D'VINE ROOT BAKERY as non-confidential and non-proprietary. You agree that you will not submit to D'VINE ROOT BAKERY any information or ideas that you consider to be confidential or proprietary.

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