Terms & Conditions

A. These Terms and Conditions of Use (“Terms”) govern the access or use by you, an individual from within the United States (“you”), of websites, content, products and services (hereinafter referred to as the “Site”) of WOODMONT ROSE ORGANICS, LLC (“Woodmont Rose”).

B. You must be at least 18 years old and residing in the United States of America to access this website or to purchase Products from Woodmont Rose.   If you are under the age of 18 or live out of the country, please discontinue use of this Site immediately. 

C. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. If you do not agree to these Terms, you may not use this Site. 

D. The term Woodmont Rose includes our members, managers, officers, directors, employees, independent contractors, agents, attorneys, and assigns.

E. The term ‘You”  means you and anyone who views this website using your equipment and anyone who uses a Product offered by this website.

F. “Products” means any item offered for sale by Woodmont Rose.

G. Woodmont Rose may alter or terminate these Terms, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Miscellaneous, and Indemnifications shall survive any termination. Any amendment by Woodmont Rose to the Terms related to the Site will be effective upon Woodmont Rose’s posting of such updated Terms. Your continued use of the Site after such posting constitutes your consent to be bound by the Terms, as amended. You are responsible to review the Terms and any amendments prior to each use of the Site.

Use of Site

This Site and the Products provided through this Site are provided "as is." ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Specifically Woodmont Rose does not represent or warrant that the Products  contained in the Site have been approved by the Food and Drug Administration of the United States or any state or that the Products will provide results you desire.  

Limitation of Liability 

To the greatest extent permitted by law, Woodmont Rose shall not be liable for any damages including but not limited to special, punitive or consequential damages that result from the use of, or the inability to use, the Products offered on this Site, or the performance,  use of or adverse interaction with other products or medications which you use even if  Woodmont Rose has been advised of the possibility of such use. This limitation of liability is in addition to, and not in lieu of, any other limitations of liability found elsewhere on this Site. Notwithstanding anything else to the contrary, Woodmont Rose’s cumulative liability to you or anyone else for any loss or damages resulting from any claims arising out use of the Products offered on this website shall not exceed the amount you have paid to us for the Products. 

Prohibited Uses of this Website

A. You will not sell Products to third parties or assign, sublicense, transfer, or share your rights under this Agreement, to others.

B. You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic. You will not provide false or misleading information to us.

C. Harassment in any manner or form on the Site, including via e-mail, chat, or the use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Woodmont Rose employee or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. 

Our Rights to Use Your Content

A. If you provide Woodmont Rose with your contact information, whether verbally, or by way of email, by filling out information on Woodmont Rose’s website, by text message, or by any other method, your actions shall constitute your consent for Woodmont Rose to contact you via telephone, email or any other method that Woodmont Rose deems appropriate. 

B. Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, messages, videos and information that you publicly display or send to Woodmont Rose shall hereby irrevocably grant Woodmont Rose a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable right to use the content you submit in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same. 

Posting Disclaimer

Woodmont Rose does not and cannot review all communications and Products posted to or created by users accessing the Site, and Woodmont Rose is not in any manner responsible for the content of these communications and Products. You acknowledge that Woodmont Rose is not responsible for any content posted to the Site without the prior, express consent of Woodmont Rose. Woodmont Rose prohibits any user from posting any material that is (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Woodmont Rose; and Woodmont Rose disclaims all liability for any content posted by others. Woodmont Rose, at its sole discretion, reserves the right to block or remove communications or Products that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or (e) otherwise unacceptable. 

Proprietary Rights

The entire content included in this Site, including but not limited to the Products,  text, graphics or code, is protected as confidential, proprietary or copyrighted work and is the property of Woodmont Rose. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Woodmont Rose, for Products.  Any other use, including to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Woodmont Rose. You further agree not to change or delete any proprietary notices from Products downloaded from the Site. 

Trademarks

All trademarks, service marks, and trade names of Woodmont Rose used in the Site are trademarks or registered trademarks of Woodmont Rose. 

Typographical Errors

In the event that any  Woodmont Rose Product is mistakenly listed at an incorrect price, Woodmont Rose reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Woodmont Rose reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made. If payment has already been made for the purchase and your order is cancelled, Woodmont Rose shall issue a credit to your credit card account or refund your payment in the amount you were charged. 

Notice

No notices posted by third parties on this Site shall be deemed notice to Woodmont Rose. Woodmont Rose may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Woodmont Rose. 

Legal

A. Your use of this Site constitutes your irrevocable consent that your use shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including the purchase of Woodmont Rose Products) shall be in the State Courts located in Hernando County, Florida or Federal Courts located in Tampa, Florida. Any cause of action or claim you may have with respect to the Site (including the purchase of Woodmont Rose Products) must be commenced within one (1) year after the claim or cause of action arises. Woodmont Rose's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Woodmont Rose may assign its rights and duties under this Agreement to any party at any time without notice to you. The invalidity of any provision of this Agreement, or any covenant herein contained, on the part of any Party shall not affect the validity of any other provision, or covenant hereof or herein contained, which provision/covenant shall remain in full force and effect. Paragraph headings are provided as an organizational convenience and are not meant to be construed as material provisions of this Agreement. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid, but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement. Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches. 

B. This Agreement may be amended by Woodmont Rose at any time and without notice, by posting notice of such change on this website, Any amendments will become effective immediately after being posted on the website. As a condition for using this website, you agree to review the Terms and conditions prior to each use of the Site. You agree that your continued use of the Site or our Products will constitute your consent and acceptance of the Terms and Conditions, as amended.

C. All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good-faith negotiation between the parties involved, followed, if necessary, by a hearing before the Managers of Woodmont Rose whose decision shall be final and binding. In the event suit is commenced concerning use of this Site, costs of said suit including reasonable attorneys’ fees in all proceedings, trials, investigations, appearances, appeals, arbitrations, and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non-prevailing parties. 

Indemnification

You agree to indemnify, defend, and hold harmless Woodmont Rose, its members, managers, officers, directors, employees, independent contractors, agents, attorneys, and assigns Directors, officers, employees, independent contractors, volunteers, attorneys, insurers, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. This indemnification includes the use of  or media commentary about the Product posted on this Website or elsewhere on social media (Influencers).

Third-Party Links

In an attempt to provide increased value to our website visitors, Woodmont Rose may link to sites operated by third parties. However, even if the third party is affiliated with Woodmont Rose, Woodmont Rose has no control over these linked sites, all of which have separate terms and conditions, privacy and data collection practices, independent of Woodmont Rose. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Woodmont Rose seeks to protect the integrity of its web Site and the links placed upon it and therefore requests any feedback concerning not only its own Site, but sites it links to as well (including if a specific link does not work). 

Date Revised: July 2020