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Terms and Conditions

Last updated: 7/19/19

High Desert Pure provides access to our website and applications subject to the conditions set forth in these Terms of Use.

AGREEMENT AND SERVICES

For purposes of these Terms of Use, the term “High Desert Pure” refers to High Desert Pure, the term “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “High Desert Pure Offerings” means the web sites of High Desert Pure, including www.HDPCBD.com, or any other sites on which these Terms of Use are posted, and any other High Desert Pure
application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing. Applications include, but are not
limited to, High Desert Pure’s website. Use of the High Desert Pure Offerings is also governed by our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you access a High Desert Pure Offering, send e-mails or electronically chat with High Desert Pure, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the High Desert Pure Offerings. You agree that all agreements, notices, disclosures and other communications that High Desert Pure provides to you electronically satisfy any legal requirement that such communications be in writing.

REVIEWS, COMMUNICATIONS AND SUBMISSIONS

Generally

Without limiting the scope of these Terms of Use, you agree to comply with the following requirements when you submit reviews, forum posts and other content via any High Desert Pure Offering. Inappropriate, obscene,
defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the High Desert Pure Offerings. Content standards may vary depending on where you are within a High Desert Pure Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game
play, and submitting any content, such as a review or post to any forums or message boards, within a High Desert Pure Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the High Desert Pure Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. High Desert Pure does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any High Desert Pure Offerings. High Desert Pure does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the High Desert Pure Offerings. You agree to indemnify High Desert Pure and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the High Desert Pure Offerings.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your High Desert Pure account(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal.
  • Harassing or threatening any other user of a High Desert Pure Offering or any employee or contractor of High Desert Pure.
  • Impersonating another person, indicating that you are a High Desert Pure employee or a representative
    of High Desert Pure (if you are not), or attempting to mislead users by indicating that you represent High Desert Pure in any way.
  • Attempting to obtain a password, other account information, or other private information from any other user of a High Desert Pure Offering.
  • Uploading any software, files, photos, images or any other content to a High Desert Pure Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any High Desert Pure Offering.
  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to High Desert Pure representatives.
  • Posting or communicating any player’s real-world personal information within a High Desert Pure Offering or by or through a High Desert Pure Offering or any related bulletin board.
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a High Desert Pure Offering, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a High Desert Pure Offering, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any High Desert Pure Offering security feature or any feature that restricts or enforces limitations on use of or access to a High Desert Pure Offering.
  • Attempting to sell any part of a High Desert Pure Offering, including, without limitation, any virtual
    items (if applicable), High Desert Pure accounts and access to them in exchange for real currency or items of monetary or other value.
  • Engaging in cheating or any other activity that High Desert Pure deems to be in conflict with the spirit of a High Desert Pure Offering.

Public Nature of Communications

You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of
communications and submissions on or through any High Desert Pure Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any High Desert Pure Offerings (other than with respect to the information you provide to us in establishing your High Desert Pure account(s), if applicable). You acknowledge that personal information that you communicate publicly within any High Desert Pure Offering may be seen and used by others and may result in unsolicited communications. High
Desert Pure is not liable for any information that you choose to submit or communicate to other users on or through any High Desert Pure Offerings, or for the actions of any other users of any High Desert Pure Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any High Desert Pure Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify High Desert Pure and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant High Desert Pure permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a High Desert Pure Offering, you expressly grant High Desert Pure the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the High Desert Pure Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any High Desert Pure Offerings, or otherwise exploit your participation on or through any High Desert Pure Offerings for any commercial purpose.

High Desert Pure Software

You may have occasion to download software from High Desert Pure, its principals or its licensors onto your computer (“High Desert Pure Software”). Subject to your compliance with these Terms of Use, High Desert Pure grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the High Desert Pure Software to participate in the High Desert Pure Offerings. The High Desert Pure Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by
you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the High Desert Pure Software.

HIGH DESERT PURE IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY HIGH DESERT PURE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE HIGH DESERT PURE SOFTWARE, RESIDES WITH YOU.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND
SERVICES

Any and all software, content and services (including advertising) within a High Desert Pure Offering that are not owned by High Desert Pure are “third party content and services.” High Desert Pure acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain High Desert Pure Offerings may include links to sites operated by third parties, including advertisers and other content providers.

Those sites may collect data or solicit personal information from you. High Desert Pure does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all High Desert Pure Offerings. You acknowledge that we are not required to notify you
prior to terminating any such account.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the High Desert Pure Offerings are trademarks, registered trademarks or trade dress of High Desert Pure or its licensors or principals in the United States and/or other countries. High Desert Pure’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of High Desert Pure, or in any manner that is likely to cause confusion among consumers or that disparages or discredits High Desert Pure or any High Desert Pure Offering. The compilation of all content on the High Desert Pure Offerings is the exclusive
property of High Desert Pure and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the High Desert Pure Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by High Desert Pure that appear on the High Desert Pure Offerings are the property of their respective owners, who may or may not be affiliated with or connected to High Desert Pure. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the High Desert Pure Offerings, you agree to indemnify and hold harmless High Desert Pure and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY HIGH DESERT PURE OFFERING IS AT YOUR SOLE RISK. ALL HIGH DESERT PURE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HIGH DESERTPURE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE High Desert Pure OFFERINGS OR HIGH DESERT PURE SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE HIGH DESERT PURE OFFERINGS, HIGH DESERT PURE SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM HIGH DESERT PURE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HIGH DESERT PURE IS TO STOP USING THE HIGH DESERT PURE OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT HIGH DESERT PURE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A HIGH DESERT PURE OFFERING BY, ANY HIGH DESERT PURE OFFERING USER. IN NO EVENT SHALL HIGH DESERT PURE OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HIGH DESERT PURE FOR YOUR PARTICIPATION IN ANY HIGH DESERT PURE OFFERING. IN NO CASE SHALL HIGH DESERT PURE OR ITS EMPLOYEES, CONTRACTORS,
OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY HIGH DESERT PURE OFFERING OR HIGH DESERT PURE SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT HIGH DESERT PURE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HIGH DESERT PURE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF HIGH DESERT PURE OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING HIGH DESERT PURE OFFERINGS, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

At High Desert Pure’s request, you agree to defend, indemnify and hold harmless (a) High Desert Pure, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.

EXPORT CONTROL LAWS

Certain High Desert Pure Offerings may be subject to United States and international export controls. By accessing High Desert Pure Offerings, you warrant that you are not located in any country, or exporting any High Desert Pure Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any High Desert Pure Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any
required governmental authorizations.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be  illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and High Desert Pure relating to this subject matter, and cannot be changed or terminated orally.

APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Oregon, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with High Desert Pure based upon or in any manner related to any access or use by you of any High Desert Pure Offering, shall be in the state and federal courts located in Deschutes County, Oregon, USA. YOU AND HIGH DESERT PURE AGREE THAT ANY CLAIM WILL BE HANDLED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR CLAIM. FURTHER, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

STATUTE OF LIMITATIONS

You and High Desert Pure agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a High Desert Pure Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.