Online Membership Agreement 2022
WILD ROOTS GATHERING
By purchasing a Wild Roots Gathering (“WRG”) Membership Plan or by clicking on “I agree” (or a similar box or button) and when you sign up to be a Wild Roots Gathering Member or participate in any Membership Plan Agreement, hereinafter referred to as "Agreement," you agree to be bound by the following Membership Plan Agreement. The Agreement is between you, as member (“You” “Your” or “Member”), and Wild Roots Gathering (“WRG”). Each Member and WRG may be referred to as a “Party”, and together as the “Parties”. This Agreement is effective as of March 7th, 2022.
Wild Roots Gathering Membership Plans are designed for the following purpose, to provide an online membership community where like-minded women can gather, connect, communicate, share, nurture, and bloom into their authentic self; while expressing their unique gifts and skills and promote their heart, expertise, and pursuits.
You can review the current version of the Agreement at any time at www.wildrotsgathering.com/. WRG reserves the right to update and change the Agreement by posting updates and changes at www.wildrootsgathering.com/ If a significant change is made, we will provide reasonable notice by email. You are advised to check the Agreement from time to time for any updates or changes that may impact You. Any reference to the Agreement includes all terms and documents incorporated by reference.
Article 1 - MEMBERSHIPS:
This Agreement forms a legally binding agreement between Member and Wild Roots Gathering and governs the Member's access and use of the WRG's website and member only pages, services, products and offers thereon (collectively the "Membership Services"). Hereinafter "you" or any third-party pronouns will refer to Member.
BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES AND/OR BY REGISTERING YOUR MEMBERSHIP PLAN YOU ARE ENTERING INTO THIS AGREEMENT THROUGH AN ELECTRONIC MEANS, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE MEMBERSHIP SERVICES, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE MEMBERSHIP SERVICES.
Article 2 - MEMBERSHIP SERVICES:
The Membership Services specifically provided by Wild Roots Gathering are as follows:
Wild Roots Unpaid Membership Plan, Free reoccurring monthly membership until cancellation or termination.
Every Wild Root Membership has unlimited access to the WRG public website, unlimited access to WRG members area, members forum, blog and personal member account and profile pages. Free subscription to WRG mailing list, and unlimited access to member only content. The opportunity to be a WRG creator with no promotional or advertising privileges or external content links.
Tap Roots Paid Membership Plan, $5 dollar reoccurring monthly due until cancellation or termination.
Every Tap Root Membership has unlimited access to WRG public website, Unlimited access to WRG members area, members forum, blog and personal member account and profile pages. Free subscription to WRG mailing list, and unlimited access to members only content. Occasional seasonal offers and discounts, and full creator opportunities including personal promotional privileges and access to external-outbound link activation.
Adventitious Roots Paid Plan, $10 dollar reoccurring monthly due until cancellation or termination.
Every Adventitious Root Membership has unlimited access to WRG public website, Unlimited access to WRG members area, members forum, blog and personal member account and profile pages. Free subscription to WRG mailing list, and unlimited access to members only content. Occasional seasonal offers and discounts, and full creator opportunities including personal promotional privileges and access to external-outbound link activation. Collaborator opportunities, Collaborators can promote their external events, classes, course, workshops, or webinar registration and more.
From time-to-time Collaborators may be invited to work with Wild Roots Gathering to host a monthly local hang out in their area, city, or county.
From time-to-time Collaborators may be invited to partner with WRG to host an e-course, class, group, evergreen product, service, or workshop with a possible compensation opportunity.
Creators & Paid Privileges
All Member Creator Terms
All members in good standing can be a content “Creator” and submit; testimonials, text, articles, blogs, images, video files, audio files, document/PDF uploads, and complimentary digital materials (“Content”) to be approved by WRG. All submissions can be submitted through the “Creator Portal” located on the members area page of the WRG website.
Paid Creator Privileges
Paid Memberships (Tap & Adventitious Root Members) Creators in good standing may also submit member content for approval. They can also submit external URL website, webstore, social media, YouTube, Venmo or Podcast links. They may also submit document files for complimentary guest and member download or their external personal landing pages or website site URL links for a guest or member (“Prospect”) to be redirected for purchase.
WRG Creator External Link Product or Service Disclaimer
Any promotional or external sites or payment links used by a member on the WRG Website is the full responsibility of the member and they will hold WRG harmless for but not limited to; any losses, damages, use, misuse, or abuse, agreements, contracts, purchases, payment processing, delivery, refunds, mailing & shipping costs, technical problems, or created relationship, for any members external products or services.
WRG Creator Content Approval & Dispute Resolution
Creator Content & Approval
All approvals are completed according to the WRG website and community policies. Once creator content is approved WRG will post it as live content in the appropriate section of the WRG website for guest and member access.
All creator content is subject to WRG approval and discretion. WRG reserves the right to decline all, or part of creators submitted content. Wild Roots will schedule live posting of the creator’s approved content according to the WRG maintenance schedule.
WRG Creator Content Disclaimer
WRG also reserves all rights to remove, suspend, deactivate, and terminate all or any part of a creator’s content at any time, for any reason without notice.
Creator Content Dispute & Resolution
If there is a complaint regarding a creator’s content WRG will suspend the content without notice to the creator and review the content in dispute. WRG retains the right to determine if the content is in violation or compliance of the WRG website or community policies. If the creator’s content or a part thereof is in violation of WRG policies, it will be removed or deactivated without notice. Creator content found in good standing with WRG Policies will be unsuspended and made live according to the WRG website maintenance schedule.
Adventitious Root Members in good standing hold the reserved privilege of becoming a “Collaborator”. WRG Collaborators are invited to promote their offsite or online events, programs, e-courses, webinars, groups, or classes through the WRG Website. Collaborators can apply with all their details and external URL links for approval through the WRG members area’s “Collaborators Portal”. Once Approved according to WRG policies the Collaborator will receive an approval email with any further instructions and live posting date.
Collaborator Submission Approval
All approvals are completed according to the WRG website and community policies. Once a Collaborator’s application is approved WRG will create a page or event post with the collaborator’s external links and information in the appropriate section of the WRG website for guest and member access.
All Collaborator submissions are subject to WRG approval and discretion. WRG reserves the right to decline all, or part of creators submitted information. Wild Roots will email the Collaborator and schedule the live posting of the collaborators approved information and external links for registration or RSVP.
WRG Collaborator Disclaimer
WRG also reserves all rights to remove, suspend, deactivate, and terminate all or any part of a Collaborator’s submission, external links, and information at any time, for any reason without notice.
Collaborator, Promotion or Event Dispute & Resolution
If there is a complaint regarding a Collaborator’s Submission or Information WRG will suspend the Collaborator’s Page or Event Posting with or without notice to the Collaborator and review the dispute. WRG retains the right to determine if the Collaborator or their promotion is in violation or compliance of the WRG website or community policies. If the Collaborator or their promotion is found in violation of WRG policies, the Collaborator page, external links, or event post will be removed or deactivated with or without notice. Collaborators or promotions found in good standing with WRG Policies will be unsuspended and made live. WRG will not be held responsible or liable for any loss or damage caused by a dispute, resolution process, or termination of a Collaborators page or event posting.
WRG Collaborators External Link, Registration or RSVP
Any Collaborator’s external promotion or event’s non-WRG website, landing page or outbound payment links used by a Collaborator for the purpose of prospect purchases, reservations, registration or RSVP are the complete responsibility of the Collaborator and they will hold WRG harmless for but not limited to; any losses, damages, use, misuse, or abuse, agreements, contracts, purchases, registration fees, payment processing, delivery, refunds, mailing or shipping costs, technical problems, or any created relationship, for any Collaborators external event, promotion, products or services.
Article 3 – DISCLAIMERS CONTINUED:
Wild Roots Gathering hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications, or other relationships of any Members through the Membership Services or otherwise. WRG makes no warranties, representations, guarantees, or other promises or covenants with regard to any Member or their conduct.
Members hereby acknowledge and agrees that Wild Roots Gathering is not responsible or liable in any way for Member's interactions with others (guests, members, or prospects) and that Member's actions and interactions are Member's sole and exclusive responsibility.
Article 4 - REGISTRATION:
Member may be asked to register to use the Membership Services. Members will choose a unique identifier and password. Members are responsible for ensuring the continued accuracy, security, and confidentiality of this information. Members may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information or using the Membership Services further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 5 - USE:
Member agrees not to use the Membership Services for any unlawful purpose, or any purpose prohibited under this clause. Member agrees not to undertake any action which may damage the Wild Roots Gathering in any way.
Member further agrees not to use the WRG or Membership Services:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of the Wild Roots Gathering, Guest, Member, Affiliate or any other third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate, or discrimination towards any person or group;
h) To unlawfully gather information about others.
Article 6 – MEMBERSHIP DUES OR FEES:
Members agrees to pay Wild Roots Gathering membership dues ("Dues") at the execution of this Agreement and as Wild Roots Gathering requires thereafter. Members will be shown the specific dues applicable to their Membership Plan at the time of execution and will pay such Dues or Fees through WRG’s online payment system. Monthly payments reoccur monthly on the original date of membership purchase. All membership dues or fees are non-refundable while their membership is active. Dues and Fees are payable as described therein.
Article 7 - RELEASE:
Members hereby release Wild Roots Gathering, as well as any of WRG’S affiliates, licensors, suppliers, subsidiaries, parents, or other legal representatives, from any claims, demands, damages or other legal action which may arise from Member's dispute with any other Guest, Member or Prospect.
Article 8 - TERMINATION:
This Membership Agreement shall continue until terminated by either Party. In order for a Member to cancel, a member can cancel their Membership Plan by logging in to their member dashboard or by using the WRG contact form on the Wild Roots Gathering website use the form to provide a written notice of cancellation to Wild Roots Gathering, memberships cancelled a minimum of three business days before the Member's billing cycle will avoid the non-refundable monthly charge.
This Agreement may also be immediately terminated in the event that there is a breach of ether the terms of the Wild Roots Gathering Collective Policies and/or this Agreement by either Party. This Agreement will also immediately terminate upon the death of the Member, the inability of the Member to pay the Dues or Fees required, the liquidation, dissolution, or discontinuance of Wild Roots Gathering by the legal representatives of WRG in any manner, or the filing of any petition by or against the Wild Roots Gathering under federal or state laws.
Article 9 - LIMITED LICENSE:
Members acknowledge and agree that Wild Roots Gathering’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Wild Roots Gathering or its affiliates, licensors, or suppliers.
Members acknowledge and agree that the source and object code of certain Membership Services and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Wild Roots Gathering and its affiliates, licensors, and suppliers.
Members expressly agree not to do anything inconsistent with WRG’s ownership of all of the intellectual property discussed herein. Members further agree that there are no rights, title, or interest in or to any Membership Services, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, Members are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Wild Roots Gathering or any third party.
For any Membership Services which enable a Member to use any software, content, equipment or other physical or nonphysical materials owned or licensed by Wild Roots Gathering, WRG grants Members a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Membership Services, and any related software, content, equipment, or other materials FOR PERSONAL, NON-COMMERCIAL USE ONLY UNLESS OTHERWISE AUTORIZED IN WRITING BY WILD ROOTS GATHERING.
Article 10 - RESTRICTIONS:
Members are prohibited from selling, reselling, or making commercial use of the Membership Services, unless a Member has specifically an executed agreement with Wild Roots Gathering that expressly allows for such activity.
Article 11 - THIRD-PARTY SERVICES:
Certain Memberships Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials ("Third-Party Services"). Wild Roots Gathering does not control any Third-Party Services. WRG makes no claim or representation regarding the third-party services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services. There is no implied affiliation, endorsement, or adoption by the Organization of these Third-Party Services and Wild Roots Gathering shall not be responsible for any content provided on or through these Third-Party Services.
Article 12 - MEMBER CONSENTS:
Members agree and verify that all of the information they have given Wild Roots Gathering and its representatives is accurate, up to date, and without the omission of any requested information. Members agree and verify that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold the WRG harmless against all liability for any damages that may occur to Member or others because of Member's actions or inactions. Members agree to notify WRG representatives or legally responsible parties of any changes or upcoming changes concerning their personal information.
Article 13 - ASSUMPTION OF RISK:
Member agrees and understands that their participation in the Membership Services may involve risks. These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Member chooses, of their own will and volition, to continue participating in the Membership Services.
Article 14 - INDEMNIFICATION:
Member agrees to defend and indemnify Wild Roots Gathering and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Member's use or misuse of the activities, Member's breach of this Agreement, or Member's conduct or actions. Member agrees that Wild Roots Gathering shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 15 - REPRESENTATION:
Member agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.
Article 16 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Member and the Wild Roots Gathering with respect to any and all use of the Membership Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties' relationship.
Article 17 - COUNTERPARTS:
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
Article 18 - SURVIVAL:
Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 19 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
Article 20 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Horry County, South Carolina noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of South Carolina. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by Wild Roots Gathering will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 21 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of South Carolina without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Horry County.
Article 22 - NOTICES:
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this section.
Article 23 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
Article 24- CONTACT
Owner & Founder