If you live outside the European Union, EFTA States, or the United Kingdom, including if you live in the United States
These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
1. User’s Acknowledgment and Acceptance of Terms
THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between Treehouse.Farm (“Company”) and any person (“User”) who completes the process to download, utilize, or operate any software or application created or offered by Company, including, but not limited to, Treehouse.Farm (“Website”). You agree that this Agreement is a separate and independent agreement for each such Website.
By confirming your acceptance of this Agreement, you further agree to be bound by these terms on your own behalf. If you are duly authorized by a corporate entity, you agree on behalf of your corporate entity that it will be bound by the Agreement. Company and User are collectively referred to as the “parties.”
The information and tools provided on the Website may provide general guidelines. The tools and information are not intended to be taken as legal or professional advice. Treehouse.Farm disclaims any responsibility for any liability, loss or risk, personal or otherwise, which occurs as a result, directly or indirectly, from the use of the information and tools provided here.
2. Description of Services
We make various services available on this site including, but not limited to, Data, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are 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 any third party; or
f. impersonates any person or entity, including any members, employees or representatives of any members or any other person or entity.
In addition, you may not use your account to investigate, breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with any member’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations provided law enforcement have followed these terms and conditions of use and have submitted all necessary and required documentation. Federal, state and county employees as well as partners, contractors and individuals acting on behalf of federal, state and county employees are required to notify Treehouse.Farm in writing, at least 90 days prior to accessing this website or cookies created by Treehouse.Farm.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. The content, writings, other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of any such links or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. You may not place Links to Treehouse.Farm or Website content on Websites directed to individuals under 21 years of age. You may not place links to the Treehouse.Farm Website or Website content on Websites You know or have reason to believe are directed at persons under the legal tobacco use and/or purchasing age in a particular jurisdiction. You may not place Links to Treehouse.Farm Website or Website content on Websites that You or Your agent(s) do not own. You will not be compensated for Transactions arising out of unauthorized Link placement.
You may not place Links to Treehouse.Farm Website or Website content on Websites nor may you promoteTreehouse.Farm using methods that we deem, at our sole discretion, unsuitable for its Program, including, but not limited to, Web sites or promotional methods that (1) promote sexually explicit materials; (2) promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) promote illegal activities; or (4) are in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. You will not promote Treehouse.Farm by using traffic sharing programs. You may not place Links to Treehouse.Farm Website or Website content on Websites directed to individuals under 21 years of age.
6. Intellectual Property Information
Copyright (c) 2020-present Treehouse.Farm All Rights Reserved.
Neither we nor our Agents, Affiliates nor Independent contractors warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The following are registered trademarks, trademarks or service marks of Treehouse.Farm or its Affiliates:
7. Unauthorized Use of Materials
While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent, Patient Services immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement: Patient Services
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE
These statements and statements on Treehouse.Farm have not been evaluated by the FDA and are not intended to diagnose, treat or cure any disease. Always check with your physician before starting a new dietary supplement program.
Cannabidiol (CBD) is a naturally-occurring constituent of the industrial hemp plant and hemp oil. All of the cannabinoids in any products we may sell, including CBD, are natural constituents of industrial hemp and hemp oil.
Treehouse.Farm does not distribute any products that are in violation of the United States Controlled Substances Act (US CSA). The company does grow, sell and distribute industrial hemp-based products.
Circular 230 Notice: Pursuant to recently-enacted U.S. Treasury Department regulations any federal tax advice contained in this website is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
9. Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of Treehouse.Farm or third parties allowing me to pay and participate in the activities I agree:
In the event that I, or my next of kin, suffer any loss, damage, expense, or injury from my participation in the activities INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against Treehouse.Farm or third parties and to RELEASE Treehouse.Farm or third parties from any and all liability;
TO HOLD HARMLESS AND INDEMNIFY Treehouse.Farm or third parties from any and all liability for damage to property or personal injury to any third party resulting from my participation in the activities;
Any litigation involving the parties to this Agreement shall be brought solely within the State of Hawaii and shall be within the exclusive jurisdiction of the Courts of the State of Hawaii.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assignees, and representatives, in the event of my death or incapacity.
This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of Hawaii and no other jurisdiction.
FOR PARTICIPANTS OF MINORITY AGE: I hereby certify that I, parent/guardian with legal responsibility for this participant of minority age, do consent and agree to his/her release of all Treehouse.Farm or third parties and for myself, my heirs, assignees, and next of kin, I release and agree to indemnify Treehouse.Farm or third parties for any and all liabilities incident to this participant of minority age’s participation in the Activities.
CAFFEINE, ALCOHOL, INTOXICATING AND OR ILLEGAL SUBSTANCES
If I use, consume, or am under the influence of caffeine, alcohol, intoxicating and or any illegal drugs prior to or while engaging in the activities, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Treehouse.Farm or third parties. I will indemnify Treehouse.Farm from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the activities, while, during, or after consumption of illegal drugs or alcohol.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.
I am not relying on any oral or written representations or statements made by Treehouse.Farm or third parties about the safety of the activities other than what is stated in this Waiver.
I understand and freely accept the risks of participating in the Activities. I am relying on the statements about the risk contained in this Wavier as the definitive source of information about the safety of the activities over any other communications or materials.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account in a manner inconsistent with the terms of this agreement.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
The laws of the State of Hawaii or the Kingdom of Hawaii, excluding its choice of law provisions, will govern these Terms and any dispute that arises between parties. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Hawaii, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of “Tour Services” via email to: aloha@Treehouse.Farm. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial or legal purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Sections of this website may contain forward-looking statements which reflect management’s best judgment based on factors currently known but involve significant risks and uncertainties. Actual results could differ materially from those anticipated in these forward-looking statements as a result of a number of factors.
Disclosure; Forward Looking Statements
This website contains statements that constitute forward-looking statements. In addition, in the future Treehouse.Farm and others on its behalf, may make statements that constitute forward-looking statements. Words such as “believes,” “anticipates,” “expects,” “intends,” “plans” and similar expressions are intended to give effect to the nature of forward-looking statements. Treehouse.Farm does not undertake any obligation to publicly release any revisions to the content or material contained in this website, or to update them, or to reflect the occurrence of unanticipated events by any forward-looking statement.
Statements that are not historical facts are forward-looking statements and may include, without limitation, statements relating to Treehouse.Farm plans, objectives or goals; its future economic performance or prospects; the potential effect on its future performance of certain contingencies; and assumptions underlying any such statements. Examples of such statements include, but not limited to, Treehouse.Farm expectations about (i) its operations, (ii) its revenues, (iii) its markets, (iv) its technical capabilities, (v) its funding needs, (vi) its funding sources, (vii) its prospects, (viii) satellite communications regulatory matters, (viii) the pricing of its services, (ix) its competitors and their services and (x) actions of Treehouse.Farm patients, suppliers, vendors, and service providers.
By their nature, forward-looking statements involve inherent risks and uncertainties, both general and specific. Risks exist that predictions, forecasts, projections and other outcomes described or implied in forward-looking statements may not necessarily be achieved, realized or crystallized. Actual results are likely to be materially different from those expressed or implied by forward-looking statements. In particular, forward-looking statements are based on a number of assumptions about future events, including the assumption that there will be a sufficient number of customers for, and continued demand for usage of, the Treehouse.Farm services to generate revenues in the amounts and at the times anticipated by Treehouse.Farm.
21. Contact Information