Last Updated: May 14, 2026
This Terms of Service Agreement ("Agreement") is between you and Living Roots Wellness LLC (for the purposes hereof, "Producer," "we" or "us"). The Agreement governs your use of Tapping with T (the "Service"), an online platform that allows consumers like you to view video programs ("Programs") from Producer and participate in our community forum, accessed through our website.
PLEASE READ CAREFULLY: SECTION 10 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND PRODUCER, INCLUDING, AMONG OTHER THINGS, AN AGREEMENT TO INDIVIDUALLY ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT CERTAIN DISPUTES BETWEEN YOU AND PRODUCER BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10.4 ALSO CONTAINS CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ SECTION 10 CAREFULLY. BY ENGAGING WITH OR OTHERWISE USING THE SERVICE, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND PRODUCER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE USE OF THE SERVICE.
By creating an account, viewing videos, subscribing, or otherwise visiting or using the Service, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses the Service must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use the Service, you accept any revised Agreement.
You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If we delete your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Disputes, Individual Arbitration of Privacy Claims, Class Action and Jury Trial Waiver, and Choice of Law).
Registration: You must create an account to use certain features we offer (e.g., to view a Program or participate in the forum). To do so, you must provide an email address and a password. By creating an account, you agree to receive notices from us at this email address.
Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Service.
Parents and Guardians: By granting your child permission to use the Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Please review our Privacy Policy to learn about the information we collect from you when you use the Service, how we use it, and with whom we share it.
By creating an account, you agree that our third-party service providers will have access to your account information and account activities, such as the viewing of Programs and your contact information, to the extent necessary to operate the Service.
The Service is offered as a sliding-scale monthly subscription. For a recurring monthly fee that you choose, you may stream the Programs offered through the Service an unlimited number of times during your subscription period and participate in member-access portions of our community forum. We may add or remove Programs from the Service at any time.
To subscribe, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms are subject to change.
Sliding-Scale Amount: You select your own monthly amount at signup, subject to a minimum of $2.00 USD per month. There is no maximum.
Changing Your Amount: You may change your monthly amount at any time through your account billing page. If your new amount is greater than your most recent renewal payment, the change takes effect immediately and we will charge you a prorated amount for the remainder of the current billing period. If your new amount is less than your most recent renewal payment, the change takes effect at the start of your next billing period.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for successive 30-day periods unless canceled at least one day before the renewal date listed in your account billing page. Your payment method will be charged at the beginning of each subscription period. You must pay the monthly fee (plus any taxes) when each renewal period starts.
Cancellation: You may cancel your subscription at any time through your account billing page. Cancellation takes effect at the end of your current billing period; you retain access to the Service until that date. We may decline renewals.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
License to Programs: Subject to the terms hereof, you have the right to stream, for your personal entertainment purposes, the Programs made available through the Service during your subscription period.
Restrictions: You may not resell streams, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by Producer.
Service: Subject to the terms hereof, we grant you permission to use the Service for the sole purpose of viewing Programs for your personal entertainment and participating in the community forum in accordance with this Agreement. All rights not expressly granted by Producer are reserved.
Your Content; Feedback: To the extent that you submit any content to Producer (i.e., in your profile, a comment, or forum), you grant Producer and our suppliers an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to us or our suppliers on improving our products or services, we may use your suggestions without any compensation to you.
We may allow you to upload, submit, or publish (collectively, to "submit") content such as forum posts and replies (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. We may (but are not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. We may remove or limit access or availability to any content or account that we consider in good faith to violate this Acceptable Use Policy. If you see any content you believe does not comply with this Agreement, including by violating this Section 6 or the law, you can report it to theresa@livingrootswellness.com.
You may only upload content that you have the right to upload and share. Copyright owners may send us a takedown notice to theresa@livingrootswellness.com if they believe we are hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not submit any content that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
- Contains false or misleading information about voting;
- Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
- Violates any applicable law.
In using the Service, you may not:
- Use an offensive screen name (e.g., explicit language) or display name (e.g., containing nudity references);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute "spam" in any form or use misleading metadata;
- Collect personal information about others without their authorization;
- Access another's account except as permitted herein;
- Use or export any of our Services in violation of any U.S. law;
- Except as permitted by us in writing, act in a manner that would subject Producer to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
- Engage in any unlawful activity;
- Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
- Cause or encourage others to do any of the above.
You will not:
- Access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Service or any content except as expressly authorized by the Service or with our prior written permission;
- Access the Service using any automated means (such as robots, botnets, or scrapers) except with our prior written permission;
- Attempt to circumvent any of our security, rate-limiting, filtering, digital rights management measures, or other access restrictions;
- Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Service or any output thereof without our permission;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage the Service.
You may not use the Service if you:
- are a terror or hate group or a member thereof;
- have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
- are subject to sanctions by a non-U.S. government such that we would be required to block your access in a substantial number of countries in which we provide service.
You may not purchase services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.
YOUR USE OF THE SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. PRODUCER PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCER PROVIDES PROGRAMS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Service offers educational content related to Emotional Freedom Techniques (EFT, "tapping"), nutrition, and mind-body self-care. The Service is not medical advice and is not a substitute for professional medical, psychological, or mental-health care. You should consult a qualified healthcare provider regarding any condition you may have. Producer is not responsible for any outcomes arising from your application of techniques or information presented in the Programs.
Without limiting the above, Producer makes no representations or warranties concerning:
- The availability of the Service in a particular jurisdiction.
- The availability of the Service for any particular device, operating system, or browser.
- The continued support for a particular feature of the Service.
- The viewing quality of any Program. Producer does not guarantee that you will be able to use the Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
- The continued availability of any Program. Programs may be withdrawn at any time without notice.
Producer may provide links to other third-party websites. Producer is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCER, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND ANOTHER SERVICE USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO PRODUCER OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Producer has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
You shall indemnify, defend, and hold harmless Producer and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners from any liability, claim, demand, damages, losses, and costs (including attorneys' fees) arising from: (i) your unauthorized use of the Service or any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.
The terms of this Section 10 apply to all disputes between you and Producer and/or any third party operating on Producer's behalf (including, but not limited to, any employees, agents, affiliates, service providers, suppliers, or vendors).
Any dispute arising out of or relating to this Agreement or your use of the Service will be governed by the laws of the State of Colorado and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth in Section 10.4 will be governed by the Federal Arbitration Act.
Except for a Covered Privacy Claim (defined below), you and Producer agree that any dispute, controversy, or claim, arising out of or relating in any way to these Terms of Service, your access to or use of the Service, any communications you receive relating to the Service, or any other transaction involving you and Producer, including any dispute that arose before this or any prior agreement must be commenced in either the District Court for La Plata County, Colorado or the United States District Court for the District of Colorado; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, PRODUCER AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Producer is always interested in resolving disputes amicably and efficiently. So, before you or Producer commence an arbitration (or initiate an action in small claims court), the complaining party must contact the other party to explain its complaint and participate in an informal dispute resolution conference (either by phone or videoconference), in a good faith effort to resolve it without the need for arbitration. If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
Dispute Notice: The party initiating a claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference (the "Notice"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Producer should be sent by email to theresa@livingrootswellness.com. Notice to you will be sent to the email address associated with your account. It is your responsibility to keep your contact information up to date. The Notice must include: (1) the name, telephone number, mailing address, email address of the complaining party and the email address associated with any applicable account; (2) the name, telephone number, mailing address, and email address of counsel, if any; and (3) a description of the dispute.
Informal Dispute Resolution Conference: The informal dispute resolution conference shall be individualized such that a separate conference must be held each time either party initiates a dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree otherwise. Multiple individuals initiating a dispute cannot participate in the same informal dispute resolution conference unless all parties agree. In the time between a party receiving the Notice and the informal dispute resolution conference, nothing in this section shall prohibit the parties from engaging in informal communications to resolve the dispute. Engaging in the informal dispute resolution conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution conference process required by this section.
Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Producer are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Arbitration Agreement: You and Producer agree that any Covered Privacy Claim (defined herein) arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration (the "Arbitration Agreement"). A "Covered Privacy Claim" means any dispute arising out of or relating to (a) Producer's collection, use, storage, analysis, or transfer of your Personal Information; (b) an alleged breach of our Privacy Policy; (c) an alleged data breach or unauthorized disclosure of data or content; or (d) an allegation that Producer failed to comply with any privacy or data security right or obligation. "Personal Information" means any information about you, including your registration information (e.g., email address), payment information, location information, device information, biometric identifiers or information, IP address, and your activities (including viewing and search history), but does not include content that you upload (except to the extent the content contains personal information about you). You and Producer further agree: (i) these Terms of Service memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this section (notwithstanding the choice-of-law provision contained above); and (iii) this section shall survive termination of these Terms of Service.
Administrator and Applicable Rules: Any arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules in effect at the time of arbitration, as modified by this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/consumer. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
Arbitration Proceedings: If the informal dispute resolution process described above does not resolve satisfactorily within 45 days after receipt of the Notice, you and Producer agree that either party shall have the right to finally resolve the Covered Privacy Claim through binding arbitration. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). A Request to Producer should be sent by email to theresa@livingrootswellness.com. A Request to you will be sent to your email address associated with your account. It is your responsibility to keep your contact information up to date. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. Upon receipt of a Request, the responding party may assert any counterclaims it may have against the complaining party. The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and Producer otherwise agree, an in-person hearing will be held in the county where you reside or as determined by the arbitrator.
Expiration: You and Producer agree that any arbitration proceeding must be initiated within the applicable statute of limitation for the underlying claim or controversy, or it will be forever time barred. Likewise, you and Producer agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Arbitrator: The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from AAA's roster of consumer arbitrators. If the parties are unable to agree upon an arbitrator within 35 days of delivery of the Request, then AAA will appoint the arbitrator in accordance with AAA Rules.
Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any Covered Privacy Claim, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Fees: Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Discovery: Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
Communications with the Arbitrator: Whenever communicating with the arbitrator, the parties must include each other — for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality: You and Producer agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Waiver of Jury Trial: YOU AND PRODUCER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief: YOU AND PRODUCER AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION 10, (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS, AND (B) ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Subject to the Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in the Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Producer agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in the state or federal courts located in the State of Colorado. All other disputes shall be arbitrated or litigated in small claims court. Neither you nor Producer are prevented from participating in a class-wide settlement of claims.
Notwithstanding the above, each party has the right to bring a dispute in a small claims court of competent jurisdiction, if such claims qualify and remain in small claims court. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
Either party may also seek injunctive relief, such as a temporary restraining order or preliminary injunction, in a court of competent jurisdiction. Seeking such relief does not waive a party's ability to arbitrate under the Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph will automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
You and we agree that Producer retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted here and you should check for updates regularly. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Producer makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within 30 days of such change becoming effective by writing to Producer at theresa@livingrootswellness.com, your continued use of the Service, including the acceptance of products and Service offered by Producer following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate disputes arising out of or relating in any way to your access to or use of the Service, the provisions of this Arbitration Agreement as of the date you first accepted the Terms of Service (or accepted any subsequent changes to these Terms of Service) remain in full force and effect.
No Waiver: Producer reserves all rights not expressly granted herein. Producer's rights and remedies are cumulative. The failure of Producer to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: Except as provided in Section 10.4, if any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
No Third Parties: No third parties shall have any rights under this Agreement, except that indemnified parties may enforce indemnification rights.
Force Majeure: Producer shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
Entire Agreement: This Agreement sets forth the entire understanding between you and Producer concerning your use of the Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Producer website and will apply prospectively.
Contact Us: If you have any support questions, please contact us at theresa@livingrootswellness.com. You must send any notices of a legal nature to us at:
Living Roots Wellness LLC 900 Main Ave Durango, CO 81301 US theresa@livingrootswellness.com