Living Life Free from Harsh Chemicals and Harmful Toxins

TERMS OF USE

Acceptance of the Terms of Use  

These terms of use are entered into by and between You and The Pragmatic Parent, LLC (who is the parent company of Tox Free Family), a Colorado limited liability company (“The Pragmatic Parent”) (”Company”, “we”, or “us”). The following terms and conditions, these “Terms of Use”, govern your access to and use of https://thepragmaticparent.com and https://shop.thepragmaticparent.com together (“Website”),  including any content, functionality, and services offered on or through Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use  

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Affiliate Disclosure

This site may contain links to affiliate sites or products.  The Pragmatic Parent participates in Amazon Services LLC Associates Program which provide advertising and other fees to The Pragmatic Parent.

Intellectual Property Rights  

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • Items purchased from this site are governed by that item(s) End User License Agreement.

YOU MAY NOT:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses  

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement  

If you believe that any material on Website violates your copyright, please see contact the Company as outlined below. It is the policy of the Company to terminate the user accounts of repeat infringers.

Email: [email protected]

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Reliance on Information Posted  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

From time to time this site may provide information regarding the use of Essential Oils, Shaklee Corporation Products, Natural Health Products and more natural alternatives. It should be noted that this is not medical advice and should not be treated as medical advice.  The information regarding essential oils provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the use of essential oils, Shaklee Corporation Products or any natural health products or the results you may achieve by using any of the suggested products. You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

From time to time, the Website may publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any DIY products from the Website if you have concerns about how you may react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided on the Website, you assume the risk of any potential injury that may result.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website  

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website  

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases

All purchases through our site or other transactions for the sale of goods, services or information formed through the Website or resulting from visits made by you are governed by the Terms of Sale, which are hereby incorporated into these Terms of Use.

Linking to the Website and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Disclaimer of Warranties  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Your Use Of The Website, Its Content, And Any Services Or Items Obtained Through The Website Is At Your Own Risk. The Website, Its Content, And Any Services Or Items Obtained Through The Website Are Provided On An “As Is” And “As Available” Basis, Without Any Warranties Of Any Kind, Either Express Or Implied. Neither The Company Nor Any Person Associated With The Company Makes Any Warranty Or Representation With Respect To The Completeness, Security, Reliability, Quality, Accuracy, Or Availability Of The Website. Without Limiting The Foregoing, Neither The Company Nor Anyone Associated With The Company Represents Or Warrants That The Website, Its Content, Or Any Services Or Items Obtained Through The Website Will Be Accurate, Reliable, Error-free, Or Uninterrupted, That Defects Will Be Corrected, That Our Site Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components, Or That The Website Or Any Services Or Items Obtained Through The Website Will Otherwise Meet Your Needs Or Expectations.

Limitation on Liability  

In No Event Will The Company, Its Affiliates, Or Their Licensors, Service Providers, Employees, Agents, Officers, Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, The Website, Any Websites Linked To It, Any Content On The Website Or Such Other Websites, Including Any Direct, Indirect, Special, Incidental, Consequential, Or Punitive Damages, Including But Not Limited To, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Loss Of Data, And Whether Caused By Tort (Including Negligence), Breach Of Contract, Or Otherwise, Even If Foreseeable.

The Foregoing Does Not Affect Any Liability That Cannot Be Excluded Or Limited Under Applicable Law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction  

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of COLORADO without giving effect to any choice or conflict of law provision or rule (whether of the State of COLORADO or any other jurisdiction).

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying COLORADO law.

Limitation on Time to File Claims  

Any Cause Of Action Or Claim You May Have Arising Out Of Or Relating To These Terms Of Use Or The Website Must Be Commenced Within One (1) Year After The Cause Of Action Accrues, Otherwise, Such Cause Of Action Or Claim Is Permanently Barred.

Waiver and Severability  

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement  

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and The Pragmatic Parent, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Last Modified: January 16, 2019