Terms of Use and Sale
Terms of Use and Sale
Last Modified: February 13, 2023
Acceptance of the Terms
These Terms of Use and Sale are entered into by and between You and Life Rootz, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of www.liferootz.com, including any content, functionality, and services offered on or through www.liferootz.com, and the Life Rootz mobile application (collectively, the "Site"), whether as a guest or a registered user, and use of the services we provide to allow you to record your personal and family history with text and photographs, create books containing text and photographs featuring your family history, and order published versions of the books (“Services”). the personal and family history books and other goods available for purchase on the Sites are the “Goods.”
Please read the Terms carefully before you start to use the Site or Services. By using the Site, Goods, and/or Services, creating an account, logging into your account, ordering any Goods or Services, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at [https://liferootz.com/privacy_policy], incorporated herein by reference. Any new features included in the Services will also be subject to these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site or the Services.
Subject to the exception described below, this Site and the Services are offered and available to users who are 18 years of age or older and reside in the United States. By using this Site and the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. All purchasers must made by someone who 18 years of age or older. If you do not meet all of these requirements, you must not access or use the Site or the Services.
You may agree to specific terms that govern your specific order of goods and services from us. If any additional terms conflict with these Terms, those additional terms will prevail.
Users of the Site and Services must provide accurate, complete, and current information when accessing and using the Site and Services, as applicable. Your rights to access and use the Site and Services is subject to your compliance with these Terms.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter.
Your continued use of the Site and Services following the posting of revised Terms 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.
Accessing the Site and Services and Account Security
We reserve the right to withdraw or amend this Site and the Services, and any other service, Good, or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or Services, or the entire Site and all Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site and Services.
- Ensuring that all persons who access the Site through your internet connection or use the Services in connection with your purchaser are aware of these Terms and comply with them.
To access some parts of the Site, use the Services, and order the Goods, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Services that all the information you provide on the Site, Services, and Order Forms (defined below) are correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, order the Goods, or to use the Services, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site, the Services, or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms. By using the Site or Services, you agree to be responsible for all use and activity associated with your account or login information. You agree not to create an account for anyone other than yourself.
If you invite another person to collaborate with you as you use the Services, that individual must have an account and consent to these Terms.
You may delete your account at any time by selecting the “Delete” button in your account profile.
Intellectual Property Rights
Subject to the exception below for User Content (defined below), the Site and the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, text, graphics, templates, layouts, tools, files, designs, 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 permit you to use the Site, Services, and Goods 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 Site or available through the Services, 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 Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- You may download a copy of the family history books or other User Content you create with our watermark on it.
- You may order printed Goods which may include materials we provide to you through the Site and Services.
You must not:
- Modify copies of any materials from this site other than your User Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, watermark, or other proprietary rights notices from copies of materials from this site.
- Copy, delete, alter, modify, the materials we make available to you to create Goods other than as such materials may be customized and modified pursuant to the standard functionality of the Services and Site.
You must not access or use for any commercial purposes any part of the Site or any Goods, Services, or materials available through the Site.
All User Content which belongs to you shall remain your intellectual property.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Services in breach of the Terms, including others to collaborate with you in use of the Services, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or Services or any content on the Site or Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Life Rootz, 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 Site, with the Goods, or with the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Site, Goods, and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site, Goods, or Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- 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 standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- 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 or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, Goods, or Services, or which, as determined by us, may harm the Company or users of the Site, Goods, or Services, or expose them to liability.
Additionally, you agree not to:
- To resell the Services or resell, reproduce, or publish any User Content or information found on the Services, except as explicitly described in these Terms. Creation of Goods using the Services and ordering them through Company is expressly permitted. Reselling the Goods is expressly prohibited.
- Use the Site or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site or Services, including their ability to engage in real time activities through the Site or Services.
- Use any robot, spider, or other automatic device, process, or means to access the Site or Services for any purpose, including monitoring or copying any of the material on the Site or Services.
- Use any manual process to monitor or copy any of the material on the Site, Goods, or Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site or Services.
- 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 Site or Services, the server on which the Site or Services are stored, or any server, computer, or database connected to the Site or Services.
- Attack the Site or Services via a denial-of-service attack or a distributed denial-of-service attack.
- Circumvent, disable, or otherwise interfere with security-related features of the Site and Services.
- Access or collect data in bulk or using automated means.
- Alter, modify, duplicate, decompile, reverse engineer, disassemble or decode (including any underlying idea or algorithm) any part of the Site or Services, or attempt to do any of the same.
- Use the Site, Goods, or Services in a way that would affect us adversely or reflect negatively on us, the Site, the Goods, the Services, or our reputation or good will, or that of our employees and representatives.
- Exploit the Site, Goods, or Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services, Site, or User Content.
- Post sensitive information via the Services, including, without limitation your or any other person’s credit card information, social security or identity numbers, and non-public phone numbers or email addresses.
- Harass individuals with invitations to create an account and/or collaborate with you in using the Services and in providing User Content.
- Use the collaboration features of the Services in any way that violates these Terms.
- Otherwise attempt to interfere with the proper working of the Site or Services.
User Content
The Site and the Services allow you to post, submit, publish, display, or transmit to others (“post”) content and materials about your personal or family history, which may include data, writings, documents, recordings, discussions, text, video, images, photographs, and audio (collectively, “User Content”) on the Site and the Services. All User Content must comply with the Content Standards set out in these Terms. When Goods are ordered, the User Content will be published and printed for personal, non-commercial use.
Although you will retain the ownership of any User Content, any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Site or the Services or ordering Goods containing User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to host, store, edit, use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content for any of our lawful purposes. Our use and disclosure of the User Content is subject to our Privacy Policy. To the extent permitted by applicable laws, you waive any moral rights or similar rights you may have in any User Content.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Content do and will comply with these Terms.
- The User Content will not infringe upon any rights of other persons or parties.
- The User Content will not include living people (including the likeness of living people) unless you have consent from those persons, including the parent or guardian of any minor. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We have the right to request copies of the consents you have obtained and you agree to provide them to us.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site, Goods, and Services. We do not endorse any User Content submitted to the Services, incorporated into the Goods, or any other User Content displayed on the Site. We do not endorse any opinion, recommendation, or advice expressed in the User Content and we expressly disclaim any and all liability in connection with the User Content.
We have the right to refuse to print, publish, or deliver any Good containing User Content for any reason in our sole discretion. If we refuse to print, publish, or deliver any Good, we will issue you a refund.
Our Retention and Deletion of User Content
Following at least 45 days of inactivity (meaning no logging into your account), we will provide you a notice of inactivity. If after 15 days of continued inactivity following the first notice, we will have the right to delete all of your User Content, whether such content was incorporated into a Good or not. We have no obligation to retain, store, save, download, or preserve any User Content following 60 days of inactivity.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post or publish, or incorporate into any Good any User Content for any or no reason in our sole discretion.
- To refuse to print, publish, or deliver any Good for any reason or no reason in our sole discretion. We will refund your money if we refuse to print, publish, or deliver any Good.
- Delete your account and all User Content if you violate these Terms.
- Eliminate your ability to collaborate with other users if you violate these Terms.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, Goods, or Services.
- Terminate or suspend your access to all or part of the Site or Services for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site or Services or incorporated, printed, and/or published as part of any Good, and cannot ensure prompt removal of objectionable material after it has been posted, printed, or published. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Content, User Content that is incorporated in, printed, or published, as part of any Good, and User Content that is used an other interactive feature of the Site or Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Include living people unless all consents are obtained.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site or the Services infringe your copyright, you may request removal of those materials (or access to them) from the Site or Services by submitting written notification to our copyright agent designated below. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: Jessica Willis
Life Rootz, Inc.
PO Box 3224 Morganton, NC 28680
(828) 343-4770
hello@liferootz.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site or Services infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. If you believe that material you posted on the Site or Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above.
Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through the Site, Goods, or Services 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 Site or Services, or by anyone who may be informed of any of its contents.
This Site and Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. 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 Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site 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 Site and use the Services
All information we collect on this Site and Services or through the Goods is subject to our Privacy Policy. By using the Site, Goods, and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Use of Your Telephone Number and Email Address
If you would like to opt-out of or unsubscribe from marketing and promotional emails from us, whether about our or third parties’ goods or services, you can do so by emailing hello@liferootz.com or selecting “unsubscribe” at the bottom of emails from us.
You may use your telephone number as a login credential to your account.
Use of your telephone number and email address are also covered by our Privacy Policy. We will update your contact preferences within ten business days of the time you notify us of your opt-out or unsubscribe request.
Terms and Conditions of Purchase
Orders: You agree that your order is an offer to buy, under these Terms, all goods and services listed in your order on the designated order form (“Order Form”). All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Pricing: All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Term of payment are within our sole discretion and payment must be received by us before we accept an order. We accept VISA, MasterCard, Discover, JCB, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipping: We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds: Your satisfaction is our number one concern. We feel our job is not complete until we know you love your project. If some reason you are not satisfied with the Good you ordered, we would love the opportunity to make things right. Our staff inspect each Good for quality and craftsmanship, but on rare occasions, we may miss an issue. If that is the case we will work with you to either return and replace the Good or provide credit to be used towards future Life Rootz purchases.
To return a Good, please complete our Return Inquiry Form within 30 days of the date your order is shipped. After receiving the form, we will review and let you know if your Good is eligible for return and for a refund or credit.
Please understand that we are not responsible for errors in the Good that are not our responsibility, such as spelling or grammar mistakes, quality issues with the original images uploaded to our Sites, or errors in orders.
Linking to the Site or Services 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. We may disable all or any social media features and any links at any time without notice in our discretion.
This Site or the Services may provide certain social media features that enable you to:
- Link from your own or certain third-party website to certain content on this Site or the Services.
- Send emails or other communications with certain content, or links to certain content, on this Site or the Services.
- Cause limited portions of content on this Site or Services 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 otherwise in accordance with any additional terms and conditions we provide with respect to such features. The website and/or your account 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. 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.
Links from the Site and Services
If the Site and Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site or the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or other resources. Links to third party sites and resources do not constitute sponsorship, endorsement, approval, or responsibility. We make no representations, warranties, or guarantees about third parties or their sites, resources, goods, or services.
As the functionality of the Services allows, you may be able to use third party goods, services, and websites to create, import, or share User Content. If you use these goods, services, and websites created by third parties, you are subject to the terms of them and use them at your own risk.
Geographic Restrictions
The owner of the Site and Services is based in the State of North Carolina in the United States. We provide this Site and Services for use only by persons located in the United States. We make no claims that the Site, Services, or any of their content is accessible or appropriate outside of the United States. Access to the Site or use of the Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Site and services to any person, geographic area, or jurisdiction, at any time in our sole discretion.
Devices
Your carrier’s normal rates and fees (such as text messaging, data charges or roaming fees) will apply to any use of the Services or Site through a mobile device. Your network provided may have additional restrictions on your ability to access, download, or use the Site and Services. Not all of the Site or Services may work with your network provider or device.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Services, the files available for downloading from the internet, or the Site 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.
We are constantly changing the Services, Goods available, and the Site. We may add or remove functionality or features from the Services, Goods, or Site or may even suspend or stop a Service or Good altogether.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OR PURCHASE OF THE SERVICES, SITE, USER CONTENT, GOODS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES IS AT YOUR OWN RISK. THE SERVICES, SITE, USER CONTENT, GOODS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES 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 SERVICES OR THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE SITE, USER CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE OR SERVICES DO NOT INFRINGE ON THE RIGHTS OF ANY OTHER PERSON OR PARTY, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT OR USER CONTENT OR (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES, YOUR ACCOUNT, OR SERVERS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 (i) YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, (ii) YOUR PURCHASE OR USE OF THE GOODS AND SERVICES, 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 limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE SHALL RELATING TO YOUR USE OR PURCHASE OF THE GOODS SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS YOU HAVE ORDERED THROUGH THE SITE.
ASIDE FOR THE REMEDIES SET FORTH ABOVE FOR THE PURCHASE AND USE OF THE GOODS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES, SITE, AND TO CANCEL YOUR ACCOUNT. 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, your violation of the rights of another person or party, your violation of any laws, rules, regulations or governmental orders, misrepresentations by you, or your use of the Site or the Services, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site or Services. This indemnification claim continues after you stop using the Site or Services.
This indemnification section shall survive any termination of your account or use of the Site and Services.
Governing Law and Jurisdiction
All matters relating to the Site, the Services, and these Terms, 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 North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Dispute Resolution and Binding Arbitration
YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) YOU BRING AGAINST US, OUR OWNERS, OUR EMPLOYEES, OUR OWNERS, OUR DIRECTOR AND OFFICERS, AFFILIATES, OR SUBSIDIARIES ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR THROUGH COMPANY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this subsection titled Dispute Resolution and Binding Arbitration. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. This dispute resolution section shall survive any termination of your account or use of the Site, Goods, and Services.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE SITE 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 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 shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Life Rootz, Inc. regarding the Site, Goods, Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, Goods, and Services.
Transfer of Rights and Obligations
We reserve the right to assign or transfer our rights and obligations under these Terms. You may not assign or transfer any of your rights and obligations under these Terms without our written consent. There are no third-party beneficiaries to these Terms.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Miscellaneous
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Your Comments and Concerns
This Site is operated by Life Rootz, Inc., PO Box 3224 Morganton, NC 28680.
All other feedback, comments, requests for technical support, and other communications relating to the Site, Goods, or Services should be directed to: hello@liferootz.com. Please note if you volunteer suggestions or feedback to improve the Site, Goods, and Services, we can use your ideas without compensating you.