Terms of Use
I. Introduction and Acceptance of Terms
A. Agreement: This document constitutes a legally binding Terms of Use Agreement ("Agreement") between the individual accessing or using this website ("User," "you," "your") and Bassé Root ("Basseroot," "we," "us," "our"). Basseroot is a 501(c)(3) non-profit organization incorporated and operating within the United States.1 This Agreement governs your use of the website located at www.basseroot.com (the "Site"). These terms establish the legal framework for your interaction with the Site and serve as a contract between you and Basseroot.3
B. Scope: This Agreement applies to all aspects of your access to and use of the Site, including but not limited to browsing content, utilizing information, accessing resources, submitting inquiries or applications, and any other functionalities provided herein.2
C. Binding Acceptance: By accessing, browsing, or using the Site in any manner, including submitting forms or clicking on any links, you acknowledge that you have read, understood, and unconditionally agree to be legally bound by all terms and conditions contained in this Agreement and any policies referenced herein, including the Basseroot Privacy Policy. If you do not accept this Agreement in its entirety, you are not authorized to use the Site and must discontinue use immediately.4 The act of using the Site signifies your acceptance of these terms, forming the basis of a contractual relationship.4 For certain interactions, such as submitting applications or inquiries, you may be required to actively confirm your acceptance (e.g., by checking a box) before proceeding. This method of active consent ("clickwrap") strengthens the enforceability of these terms, particularly concerning the disclaimers and limitations related to Basseroot's off-site activities, ensuring users have clearly manifested assent to these critical conditions.10
D. Effective Date: These Terms of Use were last updated on and are effective as of October 26, 2024.2
E. Right to Amend: Basseroot reserves the right, in its sole discretion, to amend, modify, or update this Agreement at any time without prior notice. Any changes will be effective immediately upon posting the revised Agreement on the Site. Your continued use of the Site following the posting of any amendments constitutes your acceptance of such changes. You are encouraged to review these Terms periodically.6 The clarity and accessibility of these terms, including notice of changes, are important factors in their legal enforceability.4
II. Website Purpose and Nature of Services
A. Organizational Mission: Basseroot is a 501(c)(3) non-profit organization dedicated to offering a sanctuary in the United States for the exploration and practice of the Missoko Bwiti tradition, originating in Gabon. Its purpose is to share the positive teachings of this tradition with a wider audience, emphasizing reciprocity and collaboration with its spiritual family in Gabon.1
B. Website Functionality: The primary function of this Site is to serve as an informational resource about the Missoko Bwiti tradition and Basseroot's mission, programs, and activities. These activities include, but are not limited to, ceremonies, fire circles, community events, workshops, Bwiti Iboga retreats, and spiritual support services, most of which occur off-site.1 The Site also provides a means for Users to contact Basseroot to inquire about or apply for participation in these off-site activities.1 It is important to understand that the Site acts as an informational gateway and point of contact, rather than a platform for direct service delivery. The core risks Users may assume relate primarily to participation in physical, off-site activities arranged through the Site, not merely from browsing the website itself.
C. Informational Nature: All content provided on the Site, including text, graphics, images, descriptions of practices, and other materials ("Content"), is intended strictly for general informational, educational, and spiritual exploration purposes only.6
D. No Guarantee of Accuracy or Completeness: While Basseroot strives to provide accurate and current information, the Site and its Content are provided "as is." Basseroot makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, timeliness, or availability of any information on the Site. The Content may contain inaccuracies, typographical errors, or outdated information and is subject to change or removal at any time without notice.2 Basseroot assumes no responsibility for errors or omissions in the materials.8
III. User Eligibility and Conduct
A. Age Requirement: Access to and use of this Site, including submitting inquiries or applications for any Basseroot activities, is strictly limited to individuals who are at least eighteen (18) years of age.7 If Basseroot activities require a higher minimum age, that requirement will be communicated separately.
B. Lawful and Respectful Use: You agree to use the Site solely for lawful purposes and in a manner consistent with the spiritual nature of Basseroot's work, respecting the rights and dignity of Basseroot and other users.8
C. Prohibited Activities: You are expressly prohibited from engaging in any of the following activities in connection with your use of the Site:
* Using the Site for any illegal, fraudulent, or malicious purpose.25
* Posting, transmitting, or disseminating any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.7
* Infringing upon or violating the intellectual property rights (including copyright, trademark, patent, trade secret) or other proprietary rights of Basseroot or any third party.5
* Engaging in any unauthorized commercial activity, including advertising, solicitation, or attempting to sell products or services through the Site.12
* Introducing or transmitting any viruses, worms, Trojan horses, malware, spyware, or other harmful or disruptive code or components.14
* Interfering with, disrupting, damaging, disabling, or overburdening the operation, security, or proper functioning of the Site, its servers, or networks connected thereto.5
* Using any robot, spider, scraper, data mining tool, or other automated means to access, monitor, copy, or extract data from the Site without prior written permission.5
* Impersonating any person or entity, creating a false identity, or falsely stating or misrepresenting your affiliation with any person or entity; providing false, inaccurate, or misleading information.24
* Attempting to gain unauthorized access to any portion of the Site, user accounts, computer systems, or networks connected to the Site.23
* Using information obtained from the Site to misrepresent Basseroot, its mission, its practices, or the Missoko Bwiti tradition, or to promote unrelated or illegal activities under the guise of association with Basseroot. This is particularly important given the sensitive legal and spiritual nature of Basseroot's work.1
IV. Spiritual Practices, Plant Medicine, and Critical Disclaimers
A. Acknowledgement of Tradition: Basseroot operates within the spiritual framework of the Missoko Bwiti tradition. This tradition involves specific spiritual practices, ceremonies, community gatherings, and retreats, which may include the sacramental use of traditional plants such as Iboga, as part of its religious exercise.1
B. NO MEDICAL, MENTAL HEALTH, OR THERAPEUTIC ADVICE OR TREATMENT:
* Crucial Disclaimer: The Content on this Site, and any information provided or experiences offered through Basseroot's activities (including ceremonies, retreats, fire circles, workshops, or spiritual support), are NOT intended as, and shall NOT be construed as, medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment. Basseroot does not provide healthcare services.13
* Not a Substitute for Professional Care: The information and activities offered by Basseroot are NOT a substitute for consultation, diagnosis, or treatment provided by qualified and licensed healthcare professionals, including physicians, psychologists, psychiatrists, therapists, or counselors. Users with any existing or suspected medical or mental health conditions MUST consult with an appropriately licensed healthcare provider for any health concerns.9 Never disregard professional medical advice or delay seeking it because of information found on this Site or experienced during Basseroot activities.13
* No Doctor-Patient Relationship: Your use of the Site or participation in any Basseroot activities does NOT establish a doctor-patient, therapist-client, or any other professional healthcare relationship between you and Basseroot or its personnel.13
* FDA Disclaimer: Statements made on this website regarding any herbs, plants, substances, or practices have NOT been evaluated by the U.S. Food and Drug Administration (FDA). The information and activities provided are NOT intended to diagnose, treat, cure, or prevent any disease or health condition.18
C. Spiritual and Educational Purpose Only: All information provided on the Site and all activities offered by Basseroot are intended solely for the purposes of spiritual exploration, personal growth, religious exercise, community connection, and educational understanding within the context of the Missoko Bwiti tradition.1 The purpose is fundamentally spiritual, not medical or recreational.32
D. ASSUMPTION OF RISK:
* User Acknowledgement of Inherent Risks: You hereby explicitly acknowledge, understand, and agree that participation in any activities offered or facilitated by Basseroot, particularly ceremonies or retreats that may involve the sacramental use of traditional plants like Iboga, carries inherent and potentially significant risks. These risks include, but are not limited to: intense and potentially challenging psychological, emotional, or spiritual experiences; visionary states; altered perceptions; emotional distress or discomfort; physical effects such as nausea, vomiting, or changes in blood pressure or heart rate; potential interactions with pre-existing physical or mental health conditions; unforeseen spiritual challenges; and potential legal risks associated with substances regulated under the Controlled Substances Act.20
* Voluntary Participation and Sole Responsibility: You acknowledge that your decision to inquire about, apply for, prepare for, or participate in any Basseroot activity is entirely voluntary, made with awareness of the potential risks involved. You agree that you are participating at your own sole risk, and you assume full and complete responsibility for your own safety, health, well-being, choices, actions, and any outcomes resulting from your participation.8
E. Health Considerations, Screening, and Contraindications:
* User Responsibility for Self-Assessment: You are solely responsible for evaluating your own physical, mental, and emotional health and determining your suitability for participating in any Basseroot activities, especially those involving intense experiences or plant sacraments.19
* Mandatory Consultation with Healthcare Provider: Basseroot strongly advises and urges you to consult with your licensed physician(s) and any relevant mental health professional(s) before applying for or participating in any ceremony or retreat. This consultation should address your fitness for participation, potential risks given your health history, and any potential interactions with medications or supplements you are taking.13
* Disclosure Requirement and Screening Process: Participation in certain Basseroot activities, particularly retreats, may be contingent upon your completion of a health screening questionnaire and/or interview process. You agree to provide truthful, accurate, and complete information regarding your physical and mental health history, including any diagnoses, conditions, and medications/supplements currently or recently used.35 Failure to provide accurate and complete information may compromise your safety and may result in denial of participation. While Basseroot undertakes this screening as a precautionary measure based on self-reported information and established safety protocols, it must be understood that this process is NOT a medical evaluation, diagnosis, or certification of fitness. It does not replace the need for consultation with your own licensed healthcare providers, and the ultimate responsibility for assessing health suitability remains with you and your providers.36
* Known Contraindications Warning: Be aware that certain pre-existing health conditions and medications are considered contraindications for participation in activities involving certain plant sacraments due to safety risks. These may include, but are not limited to: serious cardiovascular conditions (e.g., certain heart conditions, chronic high blood pressure), severe liver conditions, certain psychiatric conditions (e.g., history of psychosis, schizophrenia, bipolar disorder), and current or recent use of specific classes of medications (including but not limited to SSRIs, MAOIs, certain antidepressants, antihypertensives, and others).37 Individuals with such conditions or taking such medications may be ineligible to participate. A detailed list of contraindications may be provided during the application process.
F. Religious Freedom Statement and Legal Risk Acknowledgement:
* Basseroot operates as a 501(c)(3) non-profit church organization.1 Basseroot considers its practices, including the ceremonial use of traditional plant sacraments like Iboga within the Missoko Bwiti tradition, to be a sincere exercise of religion.29
* Basseroot believes these practices may be entitled to protection under the First Amendment of the U.S. Constitution and federal laws such as the Religious Freedom Restoration Act (RFRA), which aim to protect religious exercise from substantial government burden.29
* Crucial Caveat and Legal Risk Warning: Despite Basseroot's position, you MUST understand and acknowledge that Iboga and other potential sacraments are classified as Schedule I controlled substances under the U.S. Controlled Substances Act (CSA).29 While RFRA provides a potential legal basis for seeking protection for religious use, it does NOT automatically grant immunity from the CSA or state drug laws. The legal landscape is complex, evolving, and subject to interpretation by courts and actions by government agencies (including the DEA and IRS).29 Government entities may challenge the sincerity of religious beliefs or assert compelling interests (e.g., public health, preventing diversion) to override RFRA claims.29 There is no guarantee that Basseroot's activities would be deemed legally protected if challenged. Therefore, your participation in any activity involving such sacraments carries inherent legal risks, including potential investigation, arrest, prosecution, or other legal consequences under federal or state law. Basseroot makes NO representation or warranty regarding the legality of your participation under applicable laws. The assertion of RFRA protection is a statement of Basseroot's belief and legal position, not a guarantee of legal immunity for the organization or its participants.29
V. 501(c)(3) Non-Profit Status and Donations
A. Tax-Exempt Status: Basseroot is recognized by the Internal Revenue Service (IRS) as a public charity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.1
B. Donation Terms: Basseroot may accept donations through the Site or other means to support its non-profit mission and operations.
* Donations are voluntary contributions.
* Donations are generally tax-deductible for the donor to the fullest extent permitted by U.S. law. Donors should consult their own tax advisors regarding deductibility.48
* Unless otherwise specified, donations are non-refundable.
* Basseroot adheres to principles of donor privacy and responsible stewardship of funds. Please refer to our Privacy Policy for information on how donor information is handled.11 Users may have rights to opt-out of certain communications or data sharing.11
C. Transparency: As a 501(c)(3) organization, Basseroot is committed to financial transparency and makes its required filings, such as the annual Form 990, publicly available in accordance with IRS regulations.15
D. No Quid Pro Quo for Donations: Donations made to Basseroot are charitable contributions and are distinct from any fees, contributions, or exchanges requested for participation in specific programs, retreats, or services, if applicable. Donations do not entitle the donor to any special privileges, services, or influence beyond that available to other supporters or participants, ensuring compliance with regulations regarding unrelated business income.15
E. Note on 501(c)(3) Status and Activities: Users should be aware that the tax-exempt status of any organization, including religious organizations, can potentially be reviewed or challenged by the IRS if its activities are found to be substantially illegal under federal law.30 While Basseroot operates with the understanding that its religious practices are protected, the lack of a specific exemption from the Controlled Substances Act for its sacraments could, under certain interpretations or legal precedents (such as those involving the Iowaska Church 30), pose a theoretical risk to its ongoing 501(c)(3) status.
VI. Intellectual Property Rights
A. Ownership of Content: The Site and all materials contained therein, including but not limited to all text, graphics, logos, button icons, images, audio clips, video clips, data compilations, software, and the compilation and arrangement thereof (collectively, the "Content"), are the exclusive property of Basseroot, its affiliates, partners, or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.5 Copyright © 2024 Bassé Root. All Rights Reserved.3
B. Limited License to Users: Basseroot grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and its Content solely for your personal, non-commercial, informational, and spiritual exploration purposes, strictly in accordance with these Terms.6 This license is contingent upon your continued compliance with this Agreement.
C. Restrictions on Use: Except as explicitly permitted in this Agreement or with prior express written consent from Basseroot, you may not: copy, reproduce, modify, create derivative works from, distribute, transmit, perform, display, publish, license, sell, rent, lease, sublicense, transfer, or otherwise exploit any Content obtained from the Site.5 You may print or download one copy of a reasonable number of pages for personal, non-commercial use, provided you maintain all copyright and proprietary notices.6
D. Trademarks: The name "Bassé Root," the Basseroot logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Basseroot or its affiliates or licensors. You must not use such marks without the prior written permission of Basseroot.5
E. Respect for Traditional Knowledge: The Site shares information related to the Missoko Bwiti tradition.1 Users are expected to engage with this information respectfully. Basseroot discourages the appropriation or disrespectful use of traditional knowledge or cultural expressions shared on the Site outside the context of personal understanding and spiritual exploration, consistent with Basseroot's value of reciprocity.1
F. Copyright Infringement (DMCA Policy): Basseroot respects the intellectual property rights of others. If you believe that any Content on the Site infringes your copyright, please provide Basseroot's designated Copyright Agent with a written notice containing the information required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Contact information for the Copyright Agent can be obtained by contacting Basseroot through the information provided in Section XVI.21
VII. Privacy
A. Reference to Privacy Policy: Your privacy is important to Basseroot. All personal information collected from you through your use of the Site (including information submitted via inquiry or application forms) is subject to the Basseroot Privacy Policy, which is hereby incorporated by reference into this Agreement.2 The Privacy Policy details how Basseroot collects, uses, stores, protects, and potentially shares your personal information, and outlines your rights regarding your data.
B. Link to Privacy Policy: A current version of the Privacy Policy can be accessed via a conspicuous link, typically found in the Site's footer.3
C. User Consent to Privacy Policy: By agreeing to these Terms of Use, you also acknowledge that you have read, understood, and consent to the data practices described in the Basseroot Privacy Policy.4 Given the potential collection of sensitive health information through screening processes 37, it is imperative that the Privacy Policy itself is comprehensive and compliant with applicable data protection laws (such as GDPR, CCPA/CPRA, and potentially HIPAA if applicable, though Basseroot disclaims providing healthcare).11
VIII. User Submissions (Inquiries, Applications, Content)
A. Information Accuracy: When you submit information to Basseroot through the Site, whether via contact forms, inquiry forms, applications for retreats or ceremonies, or any other means ("Submissions"), you represent and warrant that the information provided is true, accurate, current, and complete.22 You agree to promptly update any information that is no longer accurate. Providing false or misleading information may result in denial of services or participation in activities.
B. Use of Submissions: Basseroot will use the information you submit primarily for the purpose for which it was provided, such as responding to your inquiries, processing your applications, communicating with you about activities, and facilitating your participation, if applicable.5 The handling, use, and protection of your submitted personal information are governed by the Basseroot Privacy Policy (See Section VII). Information submitted through private channels like application forms, particularly sensitive health data, will be treated as confidential in accordance with the Privacy Policy and applicable laws.
C. No Confidentiality for Public Postings (If Applicable): If the Site includes features allowing users to post comments, reviews, or other content in public areas 1, please be aware that any such publicly posted Submissions are considered non-confidential and non-proprietary.8 By posting content publicly, you grant Basseroot a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such public content in any media.5 This license does NOT apply to personal information submitted privately through non-public forms like applications.
D. Prohibited Submissions: You agree not to submit any content that violates the prohibited conduct rules outlined in Section III.C, including content that is illegal, defamatory, infringing, obscene, or otherwise objectionable.8 Basseroot reserves the right, but has no obligation, to monitor, screen, edit, or remove any User Submissions that violate these Terms or are otherwise deemed inappropriate, in its sole discretion.8
IX. Disclaimers of Warranties; Limitation of Liability; Indemnification
A. Disclaimer of Warranties:
* THE SITE, ITS CONTENT, AND ALL FUNCTIONALITIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.8
* TO THE FULLEST EXTENT PERMITTED BY LAW, BASSEROOT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE.7 BASSEROOT DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.8
B. LIMITATION OF LIABILITY:
* Broad Exclusion: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASSEROOT, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, FACILITATORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, PAIN AND SUFFERING, LOSS OF ENJOYMENT, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, OR OTHER ECONOMIC ADVANTAGE).3
* Scope of Exclusion: THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF BASSEROOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
* YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ITS CONTENT 21;
* ANY ERRORS, OMISSIONS, INACCURACIES, OR DEFECTS IN THE SITE CONTENT 8;
* ANY UNAUTHORIZED ACCESS TO OR USE OF BASSEROOT'S SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN 23;
* ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE 8;
* ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY 14;
* YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SITE 20;
* ANY THIRD-PARTY WEBSITES, CONTENT, OR SERVICES LINKED TO OR FROM THE SITE 8;
* THE CONDUCT OR SUBMISSIONS OF ANY USER OF THE SITE 8; OR
* CRITICAL EXCLUSION REGARDING ACTIVITIES: MOST IMPORTANTLY, THIS LIMITATION OF LIABILITY EXPRESSLY AND SPECIFICALLY EXTENDS TO ANY AND ALL CLAIMS, DAMAGES, INJURIES (WHETHER PHYSICAL, PSYCHOLOGICAL, EMOTIONAL, SPIRITUAL, OR OTHERWISE), ILLNESSES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR INQUIRY ABOUT, APPLICATION FOR, PREPARATION FOR, TRAVEL TO/FROM, PARTICIPATION IN, OR CONSEQUENCES RESULTING FROM, ANY OF BASSEROOT'S OFF-SITE ACTIVITIES, INCLUDING BUT NOT LIMITED TO CEREMONIES, RETREATS (INCLUDING BWITI IBOGA RETREATS), FIRE CIRCLES, WORKSHOPS, COMMUNITY EVENTS, OR SPIRITUAL SUPPORT SERVICES, REGARDLESS OF WHETHER SUCH ACTIVITIES INVOLVE THE SACRAMENTAL USE OF TRADITIONAL PLANTS OR NOT. THIS EXCLUSION IS DIRECTLY RELATED TO AND REINFORCES YOUR ACKNOWLEDGEMENT AND VOLUNTARY ASSUMPTION OF THE INHERENT RISKS ASSOCIATED WITH THESE ACTIVITIES AS STATED IN SECTION IV.D.9
* Enforceability Note: While this limitation of liability is intended to be as broad as legally permissible, certain jurisdictions may not allow the exclusion or limitation of liability for certain types of damages (e.g., for gross negligence or intentional misconduct 4). In such jurisdictions, Basseroot's liability shall be limited to the greatest extent permitted by law. The inclusion of robust operational best practices, such as safety protocols and screening, serves as a practical measure to mitigate risks alongside this legal disclaimer.36
C. Indemnification:
* You agree to defend, indemnify, and hold harmless Basseroot, its affiliates, and their respective officers, directors, employees, volunteers, agents, facilitators, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:
* Your use of and access to the Site;
* Your violation of any term of this Agreement;
* Your violation of any applicable law or the rights of any third party, including without limitation any copyright, property, or privacy right 12;
* Any claim that your User Submissions caused damage to a third party; or
* Your participation in any Basseroot activities.12
X. Third-Party Links
A. External Links: The Site may contain links to websites, resources, or services owned or operated by third parties that are not affiliated with or controlled by Basseroot.3
B. No Endorsement: These links are provided solely for your convenience and information. The inclusion of any link does not imply Basseroot's endorsement, approval, sponsorship, or recommendation of the third-party site, its content, its operators, or its practices.8 Basseroot does not review or monitor these external sites.
C. Disclaimer of Responsibility: Basseroot has no control over, and assumes no responsibility or liability for, the content, accuracy, legality, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Basseroot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party sites or resources. You access and use third-party sites entirely at your own risk.8 If you link to external resources discussing plant medicine, health, or legal matters, Basseroot specifically disclaims any endorsement of the accuracy or legality of that external information.
XI. Termination of Use
A. Basseroot's Right to Terminate Access: Basseroot reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to all or any part of the Site at any time, with or without notice, for any reason or no reason, including, without limitation, if Basseroot believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Basseroot shall not be liable to you or any third party for any termination of your access to the Site.7 Decisions regarding eligibility or participation in off-site activities (e.g., retreats) are made based on Basseroot's separate screening processes, eligibility criteria, and safety protocols, and are distinct from termination of website access under this clause.
B. Survival of Provisions: Upon termination of this Agreement or your access to the Site, all provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section VI), disclaimers of warranties (Section IX.A), limitations of liability (Section IX.B), indemnification (Section IX.C), governing law and dispute resolution (Section XII), and miscellaneous provisions (Sections XIII-XVII).14
XII. Governing Law and Dispute Resolution
A. Governing Law: This Agreement and any dispute or claim arising out of or related to it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of, United States, without giving effect to any choice or conflict of law provision or rule.7
B. Dispute Resolution Process:
* Informal Negotiation: The parties agree to first attempt to resolve any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to initiating any arbitration or lawsuit.
* Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal negotiation is initiated, then either party may initiate binding arbitration. Except for disputes qualifying for small claims court or actions seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, all claims and disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable) then in effect. The arbitration shall take place in. The arbitration will be conducted by a single neutral arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.9 Opting for arbitration aims to provide a more efficient resolution mechanism, but parties should be aware that certain complex legal issues, particularly those involving RFRA claims or the legality of core religious practices under the CSA, might present unique challenges in an arbitral forum compared to a judicial one.29
* WAIVER OF JURY TRIAL: YOU AND BASSEROOT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Basseroot are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
* CLASS ACTION WAIVER: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
XIII. Modifications to Terms
A. Right to Modify: Basseroot reserves the exclusive right to revise, update, or replace these Terms of Use at any time in its sole discretion.6
B. Notification of Changes: Any modifications will be effective immediately upon posting the revised Terms on the Site. The "Effective Date" at the top of this Agreement will indicate the date of the latest revision. Basseroot may, but is not obligated to, provide other forms of notice of modifications.6 Users are advised to review these Terms periodically to ensure awareness of any changes, as simply posting updates might not constitute sufficient notice for all types of modifications under law.4
C. Continued Use as Acceptance: Your continued access to or use of the Site after any such modifications are posted constitutes your binding acceptance of the revised Terms.6 If you do not agree to the amended terms, you must stop using the Site.
XIV. Severability
A. Clause: If any provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be unlawful, void, invalid, illegal, or unenforceable for any reason, that provision shall be deemed severed from this Agreement, and such determination shall not affect the validity and enforceability of any of the remaining provisions, which shall continue in full force and effect.9 This ensures that the remainder of the Agreement remains operative even if a specific part is invalidated, which is important given the complex legal areas addressed.
XV. Entire Agreement
A. Clause: This Agreement, together with the Basseroot Privacy Policy and any other legal notices or specific agreements expressly incorporated by reference herein (such as a separate participation agreement or waiver for retreats, if applicable), constitutes the sole and entire agreement between you and Basseroot with respect to your use of the Site and the subject matter contained herein. It supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.6 This clause provides legal certainty by defining the scope of the binding agreement.
XVI. Contact Information
A. How to Contact Us: If you have any questions, comments, or concerns about these Terms of Use or the Site, please contact Basseroot at:
Providing clear contact information facilitates communication and demonstrates transparency.6
XVII. IMPORTANT LEGAL NOTICE FOR USERS & PARTICIPANTS
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS CRITICAL INFORMATION REGARDING LEGAL RISKS, DISCLAIMERS, AND YOUR RESPONSIBILITIES.
A. Spiritual Nature and Purpose: Bassé Root is a 501(c)(3) non-profit religious organization operating within the Missoko Bwiti tradition. All activities, services, and information are offered for spiritual, religious, and educational purposes only.1
B. Plant Sacraments, Legality, and Associated Risks: Certain Basseroot ceremonies and retreats MAY involve the sacramental use of traditional plants (such as Iboga) that are regulated as Schedule I controlled substances under the U.S. Controlled Substances Act (CSA).1 Basseroot conducts these practices as sincere religious exercise potentially protected by the U.S. Constitution and the Religious Freedom Restoration Act (RFRA).29 HOWEVER, YOU MUST UNDERSTAND AND ACKNOWLEDGE THAT:
* LEGAL RISKS ARE INHERENT: RFRA protection is not automatic or guaranteed. Government authorities may challenge these practices, and participation carries SIGNIFICANT LEGAL RISKS, including potential investigation, arrest, prosecution, asset forfeiture, or other legal consequences under federal and state drug laws.29
* NO GUARANTEE OF IMMUNITY: Basseroot cannot and does not guarantee legal protection or immunity for itself or for any participant. Legal interpretations and enforcement priorities can change.29
* POTENTIAL 501(C)(3) IMPACT: Engaging in activities deemed illegal under the CSA without a specific DEA exemption could potentially impact Basseroot's tax-exempt status.30
C. NO MEDICAL OR PSYCHOLOGICAL ADVICE OR TREATMENT: Basseroot, its facilitators, and its representatives DO NOT provide medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment. Participation in any Basseroot activity is NOT a substitute for professional healthcare. You are solely responsible for consulting with licensed healthcare providers regarding your health and suitability for participation.13
D. ASSUMPTION OF SIGNIFICANT RISKS: By considering or engaging in any Basseroot activities, especially those involving plant sacraments, you acknowledge that you are KNOWINGLY AND VOLUNTARILY ASSUMING ALL ASSOCIATED RISKS, which may be significant and include intense physical, psychological, emotional, spiritual, and legal risks.20
E. PERSONAL RESPONSIBILITY: You are solely and personally responsible for your health, safety, well-being, decisions, actions, and any and all outcomes resulting from your participation in or reliance on information related to Basseroot activities.20
F. STRONG RECOMMENDATION TO SEEK INDEPENDENT LEGAL COUNSEL:
BASSEROOT STRONGLY ADVISES AND URGES EVERY INDIVIDUAL CONSIDERING PARTICIPATION IN ITS CEREMONIES OR RETREATS, PARTICULARLY THOSE INVOLVING PLANT SACRAMENTS, TO SEEK ADVICE FROM THEIR OWN INDEPENDENT LEGAL COUNSEL BEFORE PARTICIPATING. You should consult with an attorney qualified to advise on matters of religious freedom, controlled substances law, and liability waivers to fully understand your rights, responsibilities, the potential legal risks involved, and the legal implications of agreeing to these Terms of Use, including the Assumption of Risk (Section IV.D) and Limitation of Liability (Section IX.B) provisions. This final notice underscores the critical importance of these warnings and recommendations, ensuring users are directed to seek independent advice before engaging in activities with inherent risks.