Terms of Use

Oct 27th, 2023

Please read the following terms of service agreement carefully, by accessing or using our website (the "site") or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our site or our services.

The present terms and conditions (this "agreement" or "terms") is a legal agreement between you and Leaf and Shroom LLC – DBA 1883 Foods (hereinafter "1883 Foods), a company duly organized and validly existing in the state of Montana. This agreement annuls and voids all previous agreements.

Overview

The site ( https://leafandshroom.com and https://1883foods.com ) are operated by Leaf and Shroom LLC – DBA 1883 Foods. Throughout the site, the terms "we", "us" and "our" refer to Leaf and Shroom LLC – DBA 1883 Foods, offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing products/services from us, you engage in our "service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available elsewhere on the site. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

Please read these terms carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, then you may not access the site or use any service. If these terms are considered an offer, acceptance is expressly limited to these terms.

Section 1 - General Terms

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence.

You may not use our products or site for any illegal or unauthorized purpose nor may you, in the use of our products or site, violate any laws in your jurisdiction.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your account and right to use our service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our site;

2. Change, suspend or discontinue all or any part of our products or site;

3. Refuse, move, or remove any content that is available on all or any part of our site;

4. Deactivate or delete your accounts;

5. Establish general practices and limits concerning use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving Legal notices. Legal notices, can consist of any notice that we are required to provide to any user of our site.

You agree not to reproduce, duplicate, copy, sell, re-sell or exploit any portion of the site, use of the site, or access to the site or any contact on the site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Content is not for resale. Use of the site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of our licensors except as expressly authorized by these terms.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Leaf and Shroom LLC – DBA 1883 Foods will have sufficient grounds and rights to suspend or terminate the user/member in violation of this aspect of the agreement, and as such refuse any and all current or future use of Leaf and Shroom LLC – DBA 1883 Foods services, or any portion thereof.

Section 2 - Conduct

As a user/member of the site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available.

Furthermore, you herein agree not to make use of Leaf and Shroom LLC – DBA 1883 Foods services for the purpose of uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

1) Causing harm to minors in any manner whatsoever;

2) Impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

3) Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

4) Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

5) Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

6) Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

7) Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

8) Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

9) Interfering with or disrupting any Leaf and Shroom LLC – DBA 1883 Foods services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

10) Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York stock exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

11) Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to section 219 of the Immigration Nationality Act;

12) "Stalking" or with the intent to otherwise harass another individual; and/or

13) Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Leaf and Shroom LLC – DBA 1883 Foods herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms or which would otherwise be considered offensive to other visitors, users and/or members.

Leaf and Shroom LLC – DBA 1883 Foods herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law Enforcement agencies or in good faith belief that any such action is deemed reasonably necessary for:

1) Compliance with any legal process;

2) Enforcement of the terms;

3) Responding to any claim that therein contained content is in violation of the rights of any third party;

4) Responding to requests for customer service; or

5) Protecting the rights, property or the personal safety of Leaf and Shroom LLC – DBA 1883 Foods, its visitors, users and members, including the general public.

Leaf and Shroom LLC – DBA 1883 Foods herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by us, or any other content providers supplying content services to Leaf and Shroom LLC – DBA 1883 Foods. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services.

Section 3 - Submitted Content

There are areas which may be deemed "publicly accessible" areas of our sites and those areas of our network properties which are meant to be available to the general public, contributions to the companies websites, become the property of Leaf and Shroom LLC – DBA 1883 Foods, do not contribute content that you do not have the right to contribute. Content and contributions that has rights reserved to another must include reference to acknowledge the same. When you submit ideas, documents, suggestions and/or proposals ("contributions") to our site, you acknowledge and agree that:

1) Your contributions do not contain any type of confidential or proprietary information;

2) The contributor's contributions shall automatically become the sole property of Leaf and Shroom.

3) Is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Section 4 - Indemnity

All users/members agree to insure and hold Leaf and Shroom LLC - DBA 1883 Foods, any subsidiaries, affiliates, agents, employees, officers, partners and/or licensor's blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user/member of our site may submit, post, modify, transmit or otherwise make available through our services, the use of services or your connection with these services, your violations of the terms of service and/or your violation of any such rights of another person.

Section 5 - Commercial Reuse of Services

The user/member herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Leaf and Shroom LLC – DBA 1883 Foods sites.

Section 6 - Modifications

We reserve the right at any time we may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

Section 7 – Termination

As a user/member of our sites, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation / termination / unsubscribe request to the sites admin.

As a member, you agree that Leaf and Shroom LLC – DBA 1883 Foods may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1) Any breach or violation of our terms or any other incorporated agreement, regulation and/or guideline;

2) By way of requests from law enforcement or any other governmental agencies;

3) The discontinuance, alteration and/or material modification to our services, or any part thereof;

4) Unexpected technical or security issues and/or problems;

5) Any engagement by you in any fraudulent or illegal activities that involves or may involve your utilization of our site/content.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.

The termination of your account with us shall include any and/or all of the following:

1) The removal of any access to all or part of the services offered within our sites

2) The deletion of your password and any or all related information, files, and any such content that may be associated with or inside your account, or any part thereof

3) The barring of any further use of all or part of our services.

Section 8 – Links / Affiliations / Resources

Either Leaf and Shroom LLC – DBA 1883 Foods or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. furthermore, you acknowledge and agree that Leaf and Shroom shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

Section 9 - Proprietary Rights

You do hereby acknowledge and agree that Leaf and Shroom LLC – DBA 1883 Foods products, content, and services may/shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by us or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, and transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on us, in whole or part.

Section 10 - Limitation of Liability

You explicitly acknowledge, understand and agree that Leaf and Shroom LLC – DBA 1883 Foods and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

1) The use or inability to use our service;

2) The cost of procuring substitute goods and services;

3) Statements or conduct of any such third party on our service;

4) And any other matter which may be related to our service.

Section 11 - Release

In the event you have a dispute, you agree to release us (and our officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Section 12 - Notice

Leaf and Shroom LLC – DBA 1883 Foods may furnish you with notices, including those with regards to any changes to the terms, including but not limited to email, regular mail, mms or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the terms by accessing our services in an unauthorized manner. Your acceptance of this agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.

Section 13 - Intellectual Property Rights

You herein acknowledge, understand and agree that all of our trademarks, copyright, trade name, service marks, and logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Leaf and Shroom LLC – DBA 1883 Foods. You herein agree not to display and/or use in any manner the Leaf and Shroom LLC – DBA 1883 Foods logo or marks without obtaining our prior written consent.

We will always respect the intellectual property of others, and we ask that all our users do the same. With regards to appropriate circumstances and at its sole discretion, we may disable and/or terminate the accounts of any user who violates our terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

2) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

3) A description of the location of the site which you allege has been infringing upon your work;

4) Your physical address, telephone number, and email address;

5) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

6) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Leaf and Shroom LLC – DBA 1883 Foods

Attn: Copyright Agent

18 Cedar St. Suite B

Anaconda, Montana 59711

Section 14 - Choice of Law and Forum

It is at the mutual agreement of both you and us with regard to the agreement that the relationship between the parties shall be governed by the laws of the state of Montana without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the agreement, or the relationship between you and Leaf and Shroom LLC – DBA 1883 Foods, shall be filed within the courts having jurisdiction within the county of Deer Lodge, Montana or the U.S. District Court located in said state. You and Leaf and Shroom LLC – DBA 1883 Foods agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Section 15 - Waiver and Severability of Terms

At any time, should Leaf and Shroom LLC – DBA 1883 Foods fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement remain in full force and effect.

Section 16 - Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the agreement must be filed within 1 year after said claim or cause of action arose or shall be forever barred.

Section 17 - Government Requests

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our privacy policy.

Section 18 - Foreign Access of Site

The site is controlled, operated and administered by our offices within the USA. If you access the site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Section 19 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site or on any related site is inaccurate at any time without prior notice (including after you have submitted your order). So long as said change does not increase costs to you unless you have been informed of the price change and agreed to still proceed with the transaction/service.

We undertake no obligation to update, amend or clarify information on the site or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any related site should be taken to indicate that all information on the site or on any related site has been modified or updated.

Section 20 - Privacy Policy

Every user’s registration data if applicable and other personal information are strictly protected by Leaf and Shroom LLC – DBA 1883 Foods online privacy policy (see the full privacy policy at https://www.1883foods.com/privacy-policy). As a site user/member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by us and/or our subsidiaries and affiliates.

Section 21 - Entire Agreement

This agreement constitutes the entire agreement between you and Leaf and Shroom LLC – DBA 1883 Foods and shall govern the use of our services, superseding any prior version of this agreement between you and us with respect to our products / services / offerings. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Leaf and Shroom LLC – DBA 1883 Foods services, affiliate services, third-party content or third-party software.

Terms of Use

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TERMS OF USE - PRIVACY POLICY