Terms of Service | Rooted Farmers

Date of Last Revision: January 12, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE AS THEY AFFECT IMPORTANT LEGAL RIGHTS AND YOUR ABILITY TO SUE. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTION) THAT DISPUTES BETWEEN US BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT BEFORE A JUDGE OR JURY.

Welcome to Rooted!

Rooted Farmers, Inc. ("Rooted," "we," "us," "our") provides its services (described below) and related content to you through its website located at www.rootedfarmers.com (the "Site") and through its related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you of any material changes, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

If you are registering for a Rooted account or using the Services on behalf of an entity or other organization, then you are agreeing to these Terms for that entity or organization and representing to Rooted that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms "you" and "your" will refer to that entity or organization). The exception to this is if that organization has a separate contract with Rooted covering one or more accounts and use of the Services, in which case that contract will govern the Services with respect to those accounts only.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER

(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ROOTED ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

At Rooted, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.rootedfarmers.com/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Service is designed to connect farmers, floral designers, restaurants, hospitals, schools, and other parties interested in buying flowers, plants, flower-related products, produce and other food products (“Buyers”) with farmers, hubs, retailers and other sellers of the foregoing (“Sellers”) to help make the sale and distribution of such products more efficient. Rooted is not directly engaged in transactions between Buyers and Sellers. Therefore, Rooted has no control over the quality, safety, legality, or appropriateness of any product displayed on the Site or through the Services, the truth or accuracy of descriptions, availability of products, or the ability of Sellers to deliver their products.

Sellers: Certain features of the Service are only available to Sellers, including the ability to list items for sale, manage inventory, and access the Rooted Range™ historical pricing analysis tool. Seller's use of the Service is governed by these Terms of Service as well as by the terms and conditions of the “Seller Policy” set forth at https://rootedfarmers.com/seller-policy, which are expressly incorporated herein for all such Sellers.

Orders: Once orders for products or services are placed with a Seller, the Seller has an opportunity to review and change such order (e.g., removing items from an order that are then out of stock). Buyers may not edit orders themselves once placed. Buyers also have the option to designate Trusted Sellers (as defined below) through the Service to streamline the ordering process, subject to the terms set forth below. No order for products or services is finalized or processed until reviewed and approved by the applicable Seller. Sellers have discretion to set additional order requirements such as order minimums through their Service account.

Your Registration Obligations: You may be required to register with Rooted and complete an application or other documentation in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Rooted of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Rooted will not be liable for any loss or damage arising from your failure to comply with this Section. You agree to not share your password or account, or any information contained on or accessed through the Site, with any person.

Modifications to Service: Rooted reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rooted will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Rooted may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Rooted's or its third-party service providers’ servers on your behalf. You agree that Rooted has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Rooted reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Rooted reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service is available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Rooted and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Rooted account information to ensure that your messages are not sent to the person that acquires your old number.

Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Rooted or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Rooted or its affiliates or partners for marketing or solicitation purposes to purchase Rooted’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Rooted or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier's standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages and other materials ("content") that you make available to Rooted, including by uploading, posting, publishing or displaying or emailing or otherwise using via the Service (hereinafter, "upload"). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Rooted. Rooted reserves the right to investigate and take appropriate legal action against anyone who, in Rooted's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, false, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory or otherwise objectionable; or (vii) in the sole judgment of Rooted, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Rooted or its users to any harm or liability of any type;
b. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
c. violate any applicable local, state, national or international law, or any regulations having the force of law;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. solicit personal information from anyone under the age of 18;
f. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
i. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
j. modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service;
k. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
l. sell, purchase or otherwise engage in any commercial transactions to the extent such transaction, or the subject matter thereof, (i) may be illegal in your jurisdiction, or (ii) includes any plant or product that, in your jurisdiction, is considered an invasive species or is regulated by local, state or federal law.

Competitors: No employee, independent contractor, agent, or affiliate of any competing business with an online flowers, plants, flower-related products, produce and other food products marketplace is permitted to view, access, or use any portion of the Service without express written permission from Rooted. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Rooted or any of its affiliates, or acting on behalf of a competitor of Rooted in using or accessing the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Rooted information regarding your credit card or other payment instrument, including via third-party payment processors such as Stripe (as defined below). The current pricing for subscriptions to the Service and any other information related to payment terms is available at https://www.rootedfarmers.com/pricing (the “Pricing Page”), which is hereby incorporated by reference. You represent and warrant to Rooted that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Rooted the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Rooted (through Stripe) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Rooted know within thirty (30) days after the date that Rooted charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Rooted’s prices. If Rooted does change prices, Rooted will provide notice of the change on the Site or in email to you, at Rooted’s option, at least thirty (30) days before the change is to take effect. Any such pricing changes will also be reflected on the Pricing Page once they take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you and Rooted agree to bill through an invoice, full payment for invoices issued in any given month must be received by Rooted thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You will be responsible for all taxes associated with the Services other than U.S. taxes based on Rooted's net income.

Trusted Seller: Certain Sellers have the ability to modify a Buyer's order, including changing the quantity of flowers, plants, flower-related products, produce and other food products to be ordered and the pricing for such products (“Trusted Sellers”). If you have designated a Seller as a Trusted Seller through your Service account, you hereby acknowledge and agree that such Trusted Seller is authorized to create invoices and make purchases on your behalf through the payment instrument designated by you when granting such authorization and to change orders placed by you with such Trusted Seller, including changing the quantity and/or price(s) of any products you request to order through the Service. Rooted is not liable for changes made by Sellers. If you prefer to review an order before your payment instrument is charged, do not designate a Seller as a Trusted Seller.

Payment Processing: Notwithstanding any amounts owed to Rooted hereunder, ROOTED DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements for the payment function the user is using, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Rooted assumes no liability or responsibility for any payments you make through the Service.

Transaction Fees: Rooted charges transaction fees on each order of products and services made via the Service in the amounts set forth on the Pricing Page.

Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Rooted. You may cancel your subscription by emailing us at reachout@rootedfarmers.com.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Confidential Information: You agree to protect the confidentiality of all non-public information you receive regarding Rooted or the Services, including, any and all data shared through the Rooted Range™ Pricing Tool, and agree to not disclose such information to any third party, or use such information other than as needed for your use of the Services.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Rooted, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service in accordance with these Terms of Service. In connection with your use of the Service you will not, and you will not permit or authorize any third party to, engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Rooted from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address) or virtual private network. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Rooted, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rooted.

Trademarks: The Rooted name and logos are trademarks and service marks of Rooted (collectively the "Rooted Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Rooted. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rooted Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Rooted Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Rooted be liable in any way for any content or materials of any third parties (including users), including any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Rooted does not pre-screen content, but that Rooted and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Rooted and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Rooted, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein, and that such User Content is truthful and not misleading or false. By uploading any User Content you hereby grant Rooted and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service (including the aggregation and/or anonymization of User Content), (b) to develop and improve the Service and other Rooted offerings, (c) the promotion, advertising or marketing thereof and (d) as otherwise set forth in our Privacy Policy. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Rooted and its third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Rooted are non-confidential and Rooted will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution or compensation to you.

You acknowledge and agree that Rooted may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rooted, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Rooted respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Rooted of your infringement claim in accordance with the procedure set forth below.

Rooted will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Rooted's Copyright Agent at reachout@rootedfarmers.com Subject line: "DMCA Takedown Request"). You may also contact us by mail at: P.O. Box 5547, Hanover, NH 03755.

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Rooted will send a copy of the counter-notice to the original complaining party informing them that Rooted may replace the removed content or cease disabling it within 10 business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Rooted or the user, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Rooted has adopted a policy of terminating, in appropriate circumstances and at Rooted's sole discretion, the accounts of users who are deemed to be repeat infringers. Rooted may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Thrid Party User Content

Rooted has the right, but not the obligation, in its sole discretion, to monitor, edit or remove User Content, or take legal action against you or any third party responsible for User Content, as may be necessary. Any content, views, opinions, reviews, testimonials, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Site and the Services, any product, or Rooted are solely the views, opinions and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of Rooted. No testimonial, opinion, or review provided on this website has been clinically proven, tested, or evaluated by us. Any information provided regarding any product has not been evaluated by any regulatory authority, including without limitation the U.S. Food and Drug Administration or Department of Agriculture.

The Site, the Services, the information displayed on or made available through the Site or Services, and any products referenced on or made available through the Site or Services, expressly including any products offered for sale by or on behalf of any Seller, are not intended to be used for the diagnosis, treatment, cure or prevention of a disease.

You agree and acknowledge that Rooted takes no responsibility and assumes no liability for such User Content. Any reliance on User Content is expressly and solely at your own risk. If you have any questions or concerns about specific products or product information provided, we encourage you to reach out to the Seller to address such questions and/or concerns, and conduct your own research, as appropriate, prior to purchase, use and/or consumption.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (the “Third-Party Services”). Rooted has no control over such sites and resources and Rooted is not responsible for and does not endorse such sites and resources. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. You further acknowledge and agree that Rooted will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Rooted is not liable for any loss or claim that you may have against any such third party. Rooted will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Instagram, Facebook or Mighty Networks ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. Your access and use of the Social Networking Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use the Social Media Services on the websites or via the technology platforms of their respective providers. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Rooted's use, storage and disclosure of information related to you and your use of such services within Rooted (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Rooted will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Rooted is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Rooted is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Rooted enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

To the extent permitted under applicable law, you agree to defend, indemnify and hold harmless Rooted and its affiliates and its and their respective officers, employees, directors, service providers, licensors and agents (collectively, "Rooted Parties") from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, your violation of the Seller Policy (as applicable) or your violation of any rights of another. Rooted will provide notice to you of any such claim, suit, or proceeding. Rooted reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Rooted’s defense of such matter. You may not settle or compromise any claim against the Rooted Parties without Rooted’s written consent. If you are a California resident, you understand and expressly agree to waive all rights and protections afforded under California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Legal Compliance of Users

By using this Site, you agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site, or the Services, including any advertisement, listing, purchase, solicitation of, offers to purchase, purchase, shipment or sale of any product.

Disclaimer of Warranties; Assumption of Risk

YOUR USE OF THE SERVICE, AND YOUR USE, CONSUMPTION, PURCHASE, SALE, AND/OR DISTRIBUTION OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR SERVICE, IS AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS OFFERED THROUGH THE SITE OR THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ROOTED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE OF ANY PRODUCTS OFFERED THROUGH THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE ROOTED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE AS DESCRIBED BY THE SELLER.

YOU UNDERSTAND AND AGREE THAT ANY INFORMATION PRESENTED OR MADE AVAILABLE ON OR THROUGH THE SERVICE IS FOR DISCUSSION AND INFORMATIONAL PURPOSES ONLY, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH INFORMATION. NO SUCH INFORMATION SHOULD BE INTERPRETED AS TAX OR LEGAL ADVICE. WE RECOMMEND ALWAYS CONSULTING A TAX CONSULTANT OR ATTORNEY IN YOUR STATE TO UNDERSTAND THE TAX AND LEGAL IMPLICATIONS OF YOUR DECISIONS.

YOU UNDERSTAND THAT ROOTED DOES NOT MANUFACTURE, GROW, STORE OR INSPECT ANY OF THE ITEMS SOLD THROUGH OUR SERVICES. THE ITEMS SOLD THROUGH THE SERVICES ARE LISTED AND SOLD DIRECTLY BY INDEPENDENT SELLERS. THE ROOTED PARTIES RELY ON SELLERS TO PROVIDE ACCURATE INFORMATION REGARDING THE OF PRODUCTS OFFERED ON THE SITE, INCLUDING WITHOUT LIMITATION THEIR QUALITY, SAFETY, USE AND/OR CONSUMPTION. WHILE ROOTED ONLY ACCEPTS SELLERS THAT ARE APPROVED THROUGH AN APPLICATION PROCESS, ROOTED DOES NOT REPRESENT OR WARRANT ANY PRODUCT’S QUALITY, SAFETY, AUTHENTICITY, OR LEGALITY, OR THAT THE INFORMATION ACCESSIBLE OR DISPLAYED ON THE SITE BY OR ON BEHALF OF SELLERS OR ANY OTHER THIRD PARTY IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING WITHOUT LIMITATION, NUTRITIONAL CONTENT, ALLERGEN INFORMATION, INSTRUCTIONS FOR USE OR CONSUMPTION, PHOTOS, PRODUCT QUALITY OR DESCRIPTIONS, PRODUCT LEGALITY, PRODUCT SAFETY, APPROPRIATENESS FOR CONSUMPTION, OR PRODUCT REVIEWS. YOUR RELIANCE UPON ANY SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY DECISION BY YOU TO PURCHASE, USE, AND/OR CONSUME ANY PRODUCT, IS SOLELY AT YOUR OWN RISK.

Limitation of Liability; Releases

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ROOTED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ROOTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), BODILY INJURY, OR EMOTIONAL DISTRESS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RELATING TO, RESULTING FROM OR ARISING IN CONNECTION WITH: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT BY OR ON BEHALF OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY STATEMENTS OR REPRESENTATIONS MADE IN CONNECTION WITH ANY THIRD-PARTY PRODUCT, AND ANY RELIANCE THEREON; (V) ANY INAPPROPRIATE USE, MISUSE, OR ILLEGAL USE OF THE SERVICE OR ANY PRODUCTS ACQUIRED THROUGH THE SITE OR THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE ROOTED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ROOTED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

YOU FURTHER AGREE THAT ANY LEGAL CLAIM THAT MAY ARISE IN CONNECTION WITH PURCHASE AND/OR USE OF A PRODUCT YOU PURCHASE OR USE MUST BE BROUGHT DIRECTLY AGAINST THE SELLER. YOU EXPRESSLY AGREE TO RELEASE THE ROOTED PARTIES FROM ANY CLAIMS, DEMANDS, OR DAMAGES RELATED TO OR ARISING FROM ANY PRODUCTS OR STATEMENTS MADE ABOUT SUCH PRODUCTS SOLD THROUGH OUR SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ARISING FROM OR RELATING TO ANY PRODUCT DEFECT, MISREPRESENTATIONS OR FRAUD BY OR ON BEHALF OF SELLERS, OR PERSONALLY INJURY, ILLNESS, INJURY OR DEATH ARISING FROM USE, CONSUMPTION, AND/OR PURCHASE OF SUCH PRODUCT.

THE ROOTED PARTIES WILL NOT BE LIABLE FOR ANY DISPUTES BETWEEN USERS, OR THE ACTIONS OF ANY OTHER USERS, INCLUDING BETWEEN BOTH BUYERS AND SELLERS. ROOTED AT ALL TIMES RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY REASON AT ANY TIME, IN ADDITION TO ANY OTHER LEGAL RIGHTS OR REMEDIES IN MAY PURSUE AT LAW OR IN EQUITY. YOU EXPRESSLY AGREE TO RELEASE THE ROOTED PARTIES FOR ANY CLAIMS, DEMANDS, OR DAMAGES ARISING FROM SUCH USER DISPUTES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Arbitration Agreement and Class Action Waiver

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Rooted, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Rooted are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND ROOTED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROOTED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

Rooted is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at reachout@rootedfarmers.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Rooted should be sent to P.O. Box 5547, Hanover, NH 03755 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Rooted and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Rooted may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Rooted or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Rooted is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Rooted and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Rooted agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Rooted or you under the AAA Rules, Rooted and you will split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Rooted will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Rooted will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

f.Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g.Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

h.Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, Rooted agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Rooted written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Rooted, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Rooted believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Rooted may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Rooted may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Rooted will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Rooted will have no liability or responsibility with respect thereto. Rooted reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Rooted and govern your access and use of the Service, superseding any prior agreements between you and Rooted with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Rooted agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware. The failure of Rooted to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Rooted, but Rooted may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in this Terms of Service, the words “include” and “including” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Rooted will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Rooted’s reasonable control.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Rooted Farmers, Inc., P.O. Box 5547, Hanover, NH, 03755

Questions? Concerns? Suggestions?

Please contact us at reachout@rootedfarmers.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.