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Terms of Service & Use

Effective Date: 3/1/2018

Last Updated: 10/26/2020

OVERVIEW

This website is operated by Rootcha, LLC.; throughout the Site, the terms "we", "us" and "our" refer to Rootcha, LLC.

Roocha, LLC., offers this website, including all information, tools, and services available from this Site to you, the user ("You", "you", and "user"), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This Agreement requires the use of arbitration to resolve disputes on an individual (single person) basis, rather than class actions or trial by jury. This Agreement also limits the remedies available to you in the event of a dispute.

As of September 2020, we use Shopify Payments to process credit card payments regarding purchases on this website.

For more information on Shopify Payment's terms and conditions, please visit their terms and conditions page.

General Conditions

The use of Rootcha.com is restricted to your personal use. You agree not to reproduce, duplicate, copy, license, rent, sell, resell, transfer, or otherwise commercially exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without express written consent by Rootcha LLC.

Rootcha LLC., our service providers, and suppliers reserve all rights not granted in this Agreement.

The sale or linking of our products on third-party e-commerce websites, mobile applications, and or marketplaces without express written consent by Rootcha LLC is strictly and expressly prohibited.

Please email support@rootcha.com for any questions you have on commercial use.

You are prohibited from using this website or its content for any unlawful purpose; and/or to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;  to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;  to collect or track the personal information of others;  to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms of Service stated herein and our Privacy Policy and Shipping Policy contain the entire Agreement between you and Rootcha, LLC., relating to your use of the website and supersede all prior or concurrent communications and proposals, in any form, between you and Rootcha, LLC. No other terms or conditions apply. You agree not to introduce into or through this website any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among others, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools" as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

The Terms shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions.

Subscriptions, Renewals & Cancellations

By selecting the "Subscribe & Save" option and clicking "Place my order," during the checkout process, you confirm that your subscription will automatically renew, and your credit card or authorized payment method will automatically be charged the subscription price according to the "Order summary" section of your checkout process until you cancel your subscription. You can cancel or adjust your subscription at any time.

For information on how to access your account or information on how to adjust or cancel your subscription, please contact us via email at support@rootcha.com.

You agree that at our sole discretion, we may terminate or suspend your subscription at any time.

Registration

To create an account and or make purchases through Rootcha.com, you will be asked to submit certain information, including but not limited to your name, email address, and password. Every time you use your password and or identification, you will be authorized to access and use Rootcha.com and services in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of Rootcha.com.

You are solely responsible for all access and use of this website and services by anyone using your password or user identification whether or not this access and use was authorized by you, including but not limited to: all obligations, financial obligations, communications, comments, emails, and transmissions incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of your password and identification. In the event of a data breach or threatened breach of this Site's security, including but not limited to the unauthorized use of your password and identification, you shall immediately notify us via email at support@rootcha.com.

Billing and Payments

For non-subscription orders, we currently accept the following payment providers, bank cards, or credit cards: Visa, Mastercard, American Express, Discover, Shop Pay, Apple Pay, Google Pay, and Paypal.

For subscription orders, we currently accept the following payment providers, bank cards, or credit cards: Visa, Mastercard, American Express, Discover, Diners Club, JCB payments, and Google Pay.

You may be charged state or local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If for any reason we are unable to complete the transaction, we may contact you directly in order to update your account information.

We use third-party payment service providers for all payment services, including credit card transactions. You hereby consent to authorize Rootcha, LLC. and its third-party payment providers to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement. Credit card information is always encrypted during transfer over networks.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

Refunds

If you would like to receive a refund for any reason, please contact us at support@rootcha.com. Refunds will be issued at our sole discretion. The risk of loss and title for the items purchased on this website passes to you upon our delivery of the items to the carrier.

You agree to not hold Rootcha, LLC. responsible for Rootcha services or products purchased from third-party sellers, including but not limited to unauthorized e-commerce resellers.

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Medical Disclaimer

This site does night provide medical advice or advice from any other kind of licensed professional. All materials including but not limited to: attachments, downloads, text, images, illustrations, videos, and any content whatsoever contained on or within Rootcha.com is for informational purposes only and is not intended to substitute the advice, diagnosis, or treatment from a qualified medical professional. Always speak to your doctor, physician, or other qualified medical professional with any medical questions you may have.

If you think you may have a medical emergency, call 911 or your local emergency services immediately.

Reliance on any information provided by Rootcha.com, Rootcha.com employees, guest writers, editors, and invitees of Rootcha.com, or other visitors to Rootcha.com is solely at your own risk.

Accuracy, Completeness, and Timeliness of Information

Any reliance on the material on this Site is at your own risk.

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Modification to the Service and Pricing

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Use of Content

Rootcha.com authorizes the use or download of a single copy of the content and materials on the Rootcha.com website solely for personal, non-commercial use, if the following copyright notice, or substantially similar notice, is placed at the end of the content or material: "© 2017 – 2020 Rootcha, LLC. ".

The content and material contained on Rootcha.com is protected by copyright under both United States of America and foreign laws. Title to such content and material remains with Rootcha, LLC., or their legal owners. Any use of the content and material not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws. All content and material is subject to change or termination without notice at our sole discretion.

Notice and Takedown Procedures

If you believe any content or material on or within Rootcha.com infringes upon your copyright, or intellectual property, you may request removal of such content or material (or access thereto) from this website by contacting Rootcha, LLC. and providing the following information:

Identification of the material that you believe to be infringing and its location.

Identification of the copyrighted work that you believe to be infringed. Please describe and provide particulars of the work, and where possible, provide a copy or the location of an authorized version of the work.

Your name, address, telephone number, and email address.

User Comments, Feedback, and Other Submissions

If at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation, (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Privacy & Personal Information

Your submission of personal information is governed by our Privacy Policy, which is available at https://rootcha.com/pages/privacy-policy.

Disclaimer Of Warranties; Limitation Of Liability

We do not promise, guarantee, represent, or warrant that your use of our Service and Site will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

The information on this Site is provided "as is" and without warranties or conditions of any kind, either express or implied.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Rootcha LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Rootcha.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of state of Pennsylvania, without giving effect to any principles of conflict of law.

Arbitration Agreement

Please read the following arbitration agreement carefully. This agreement requires you and any user of our Site, Services, including and not limited to Products, to arbitrate disputes with us and also limits the manner in which you can seek relief from us.

You agree that any dispute, difference, controversy, or claim between us or by either of us against the other or the employees, agents, mandatories, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website,any products sold or distributed through the website, any use of this website and any transaction conducted on or from it, including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify as long as the issue remains in small claims court and advances only on an individual basis (non-class, non-representative); and (2) you or we may seek equitable relief in court for infringement on other misuse of intellectual property rights (such as trademarks, domain names, copyrights, and patents). This Arbitration Agreement shall apply, without limitation to all claims that arose or were asserted before the Effective Date of this Terms of Service and any prior version of this Agreement.

You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.

If you agree to Arbitration with Rootcha, LLC., you are agreeing that you will not seek to recover monetary relief in any lawsuit filed against us, alleging class, collective, and or representative claims on your behalf.

Instead, you may bring your claims against us in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator.

Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretations and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address at Rootcha, LLC. 868 W. Street Rd. Suite 311, Warminster, PA 18974.

The arbitration shall be conducted by Arbitration Resolution Services, Inc. (ARS), and the parties shall be bound by any and all rules of ARS and any award/decision rendered. ARS rules can be found at www.arbresolutions.com. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions.

You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to Rootcha, LLC. 868 W. Street Rd. Suite 311, Warminster, PA 18974, or at support@rootcha.com within 30 days after first becoming subject to this Arbitration Agreement.

Your notice must include your name and address, your username if applicable, the email address you used to set up your account, and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have with us, both current and future.

If any part(s) of this Arbitration Agreement are found under the law to be invalid or unenforceable, then that specific part(s) shall be null and void and severed from the agreement, but the remainder of the Arbitration Agreement shall continue in full force and effect.

This Arbitration Agreement will survive the termination of your relationship with us.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at support@rootcha.com