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Rootberry.com Terms of Service
Last Updated: September 9, 2021
Acceptance of Terms of Service and Privacy Policy
In consideration for accessing and using rootberry.com’s ’services, including its website www.rootberry.com (the “Site”)’, you accept and agree to be bound by the terms and provisions of these Terms of Service (“TOS”) and the Privacy Policy. These terms apply to, and govern, your use of all webpages and content contained within the Site.
Modifications to Terms of Service and Privacy Policy
The terms of the TOS and Privacy Policy may change and that you accept any such modifications with your continued use of the Site or Site services. We will take good faith efforts to make you aware of any material changes to the TOS or Privacy Policy, nonetheless, your continued browsing or use of our Site constitutes acceptance of these modified terms.
If you disagree with any modification to the TOS or Privacy Policy, you must notify rootberry.com in writing within the ten day (10) time period described above and immediately discontinue any Site services.
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
rootberry.com may charge you for services in conjunction with using the Site, including but not limited to making food orders as well as applicable fees such as shipping, taxes, and delivery expenses. We may assess and collect from you fees, surcharges, or other supplemental payment requirement imposed on rootberry.com by any governmental, regulatory, or financial institution or entity. You may make payments to rootberry.com by various methods, which may include valid credit card, Google and Apple Pay, or PayPal. Rootberry.com reserves the right to expand or limit its payment options.
In conjunction with each payment you make to rootberry.com, or in which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information). Further, you understand and agree that any declined payment may be lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees to us rootberry.com and that rootberry.com is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
Tasty or Free Guarantee and Refund and Return Policy
Due to the nature of the food product, rootberry.com does not accept returns. Rootberry.com does offer the Tasty or Free Guarantee. Rootberry.com guarantees that each item in your order will be tasty and meet your satisfaction otherwise that item will be free. If you have any concerns about the taste or quality of an item you have ordered, please contact us within twenty-four (24) hours of receiving your order about the concerns you have. Rootberry.com reserves the right to solely determine if the Tasty or Free Guarantee applies to your item/order. The guarantee will not apply to instances of consumer misuse or incorrect handling of the food items. If your claim is accepted by rootberry, you will be offered a monetary credit for any applicable item that did not meet your satisfaction. You agree that such credit (whether used or unused by you) is your exclusive remedy for any problems you have related to your food order. Such credit may be applied to a future order from rootberry.com within the next twelve (12) months. There is a maximum of one (1) credit per item per consumer. All credits are solely for the amount of the applicable item, exclusive of tax and all other fees, including delivery fees. Credits are non-transferrable and non-refundable. Future purchases made with credits from the Tasty or Free Guarantee are no longer eligible for the Tasty or Free Guarantee (i.e. additional Tasty or Free Guarantee credits will not be applied where the purchase of the item was made with a Tasty or Free Guarantee credit).
Except as described above, all fees paid to rootberry.com are non-refundable. You will not be entitled to a refund if we suspend or terminate your services for cause. Should you have a problem with any of your orders, please contact customer service for resolution of the matter.
Mobile Message Service Terms and Conditions
The rootberry.com mobile message service (the "Service") is operated by rootberry.com (“rootberry.com”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides promotions, specials, and other marketing offers and reminders (e.g., cart reminders) fromrootberry.comvia text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 980-3139. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other rootberry.com mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 980-3139 or emailsupport@rootberry.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your Responsibilities
With respect to the food you order through rootberry.com, you are solely responsible for the safe handling, storage, preparation, cooking, use and consumption of such food. If you have any food allergies, be sure to understand the ingredients of the food prior to ordering and consuming it. When you receive an order, be sure to promptly inspect and verify the food to ensure your order was fulfilled properly and was delivered as expected. You agree not to institute any credit card chargeback for subscription or other services that have been fulfilled by rootberry.com. If you do not believe that the food delivered to you is in satisfactory condition, please promptly contact us at support@rootberry.com.
Deliveries
You may be charged a delivery fee for your order. Any applicable delivery fee will be provided to you at the time of your check out. Prior to checking out, you will be provided options for windows of time in which rootberry.com will make a good faith attempt to deliver your order.
If you are not at home when your food delivery is made, the package generally will be left at your door. You are responsible for ensuring that the delivery personnel has access to your property. If there is a gate code needed or other special delivery instructions, please ensure to include that in your order details. If you fail to provide satisfactory delivery instructions and your delivery cannot be made, you assume sole responsibility and will not be provided with a refund if the delivery cannot be made.
We will take commercially reasonable steps to deliver your product within the time window provided in your order; however, delivery is not guaranteed within that window of time. In some cases, there may be delays in your delivery. You agree that rootberry.com is not responsible for delays that occur that are beyond rootberry.com’s reasonable control.
If you wish to tip your delivery person, you are encouraged and welcome to do so. If you utilize our Site to tip the delivery person, all of the net tip received from you by rootberry.com will be paid to the delivery person.
Gift Cards
We may issue gift cards. You are solely responsible to maintain the security of your gift card. Rootberry.com is not responsible for any lost, misused, or damaged gift cards. Gift cards may have an expiration date, as may be allowed by law.
Promotional Offers
From time to time, rootberry.com may offer one or more promotions. Only one promotion is eligible per order. Rootberry.com reserves the right to solely determine how and if a promotion exists and will be applied to your order. Rootberry.com reserves the right to cancel any order, including but not limited to situations where there is incorrect pricing, products are unavailable, or there is any abuse suspected related to your account or order.
Subscriptions
We may offer a subscription service. The pricing for subscriptions will be reflected on your order. If you have a subscription, your payment will be processed at the time of fulfilling your order. If you wish to skip a delivery or cancel your subscription, you will need to login into your account and make that change at least forty-eight (48) hours prior to order’s delivery date.
You authorize rootberry.com to charge you using your selected payment option for the duration of the subscription. You may cancel your subscription by contacting support@rootberry.com or by logging into your account.
One Account Policy
To further the integrity of the services provided by rootberry.com, all users are limited to one account per person. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.
Secured Areas
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is guaranteed. We cannot guarantee the security of our system, nor the information that you supply will remain confidential (e.g. it may be intercepted while being transmitted to and from us over the Internet). You should assume that anything you send us may not be secure. Accordingly, take special care in deciding what information you send to us.
To help maintain security, you agree to do your part and maintain the security of your rootberry.com account, including your password. You are solely responsible for maintaining the confidentiality and security of your account password.
You further agree to promptly notify rootberry.com of any security breach relating to your account. Such notices should be sent to: support@rootberry.com.
Rootberry.com encourages all users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide rootberry.com is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to support@rootberry.com.
Failure to provide such new information will constitute a material breach of the terms of this TOS and may lead to the suspension or termination of your account.
You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply to rootberry.com. You further warrant that to the extent you provided personal data about a third party to rootberry.com, you provided that third party with notice about this Site’s TOS and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
Code of Conduct
You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in the TOS and Privacy Policy. You agree to not use Site services or anything related to the services offered by rootberry.com for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited uses include:
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree to that to the extent you are using the Site for the purposes related to rootberry.com and that will adhere to all applicable State and Federal laws and regulations.
Knowledge of TOS and Privacy Policy
If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, this TOS and Privacy Policy.
Breach of the Terms of Service and/or Privacy Policy
We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you breached the TOS or any other obligation to rootberry.com. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under this TOS and Privacy Policy: (i) your failure to abide by any provision of the TOS or Privacy Policy; (ii) your failure to pay any amounts due to rootberry.com; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of rootberry.com’s Code of Conduct.
If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that rootberry.com is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice. In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.
Use of Name
You consent to rootberry.com using your name and business name in advertising and promotional materials related to Site services.
Your Authority
You agree that you are of legal age and authority to enter into and be bound by the terms of the TOS and Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from the third party to rootberry.com.
Maintenance/Site Down Time
Rootberry.com reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours. Rootberry.com may attempt to communicate any expected prolonged system outage to Site users in advance of outage.
Rootberry.com is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside ofrootberry.com’s control.
Intellectual Property Rights
You agree that rootberry.com holds all right, title and interest to all services, its websites and information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this site is the property of rootberry.com or its licensors and protected by United States and international copyright laws.
You also grant rootberry.com a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to rootberry.com. Such information will be used solely by rootberry.com in conjunction with marketing the Site and its services.
Food for Personal Consumption
The food you order should be for your own consumption. The food ordered through our Site is not to be resold for commercial purposes.
EXCEPT AS EXPLICITLY PROVIDED OTHEREWISE IN THESE TOS, rootberry.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF rootberry.com, rootberry.com DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. rootberry.com DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.
Allergy Disclaimer
WE MAY STORE AND PACKAGE THE FOOD PRODUCTS THAT YOU ORDER NEAR OTHER FOOD ITEMS, INCLUDING BUT NOT LIMITED TO MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS. CROSS-CONTAMINATION MAY OCCUR BETWEEN PRODUCTS. WHILE WE INTEND TO DISCLOSE THE PRODUCT INFORMATION AS ACCURATELY AS POSSIBLE, WE DO NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND YOU ACCEPT THE SOLE RISK OF RELYING ON SUCH INFORMATION. IF YOU HAVE A FOOD ALLERGY, WE RECOMMEND THAT YOU CONSULT A MEDICAL PROFESSIONAL RELATED TO PRECAUTIONS YOU SHOULD TAKE BEFORE ORDERING OR CONSUMING FOOD FROM OUR SITE.
Assumption of Risk
When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, interact with the Site in any manner, or make orders from the Site, you do so at your own discretion and risk.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, rootberry.com provides email support for Site customers. Support can be reached by sending an email to: support@rootberry.com. Rootberry.com attempts to respond to customer inquiries within two (2) business days.
As a user of this Site, you agree to release, indemnify, defend and hold harmless rootberry.com and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under your violations of the TOS or the Privacy Policy, your submissions to the Site, the services provided by rootberry.com to you, your use of any services of the Site or provided by rootberry.com or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. This indemnification obligation is in addition to any other rights or remedies rootberry.com may have in law or equity.
You agree that rootberry.com shall have the right to participate in the defense of any claim asserted against rootberry.com. You also agree that rootberry.com shall be entitled to retain a counsel of rootberry.com’s own choosing at your cost. You further agree to notify rootberry.com of your knowledge of any claim against rootberry.com. You agree to cooperate fully with rootberry.com during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to rootberry.com and sums are due and owing from you to rootberry.com and you are in default of your obligations under this TOS, you authorize rootberry.com to deduct any sums due and owing from your payment source(s) so long as rootberry.com provided you with notice of your default and you failed to cure the default under the terms and conditions of this TOS.
rootberry.com, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.
By using the services provided by rootberry.com under this TOS and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOS and the Privacy Policy. You also agree to be bound by all amended terms and conditions of this TOS and the Privacy Policy. These terms of this TOS and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating the TOS or privacy policy, you may inform rootberry.com in writing about the facts and circumstances of the alleged abuse/violations by writing to: support@rootberry.com. Rootberry.com may, but is not obligated, to conduct an investigation into the allegations. Rootberry.com reserves the right to remove accounts, content, or postings that rootberry.com, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will rootberry.com be liable to you for your failure to retain necessary records, nor will rootberry.com’s (non-)retention of records act to alleviate your duty under the law.
Users who wish to terminate their services must complete the cancellation process on their account profile within the Site.
You acknowledge and agree that we may terminate or block your use Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by this TOS or the Privacy Policy. You agree that upon termination or discontinuance for any reason, rootberry.com may delete all information related to you on the service and may bar your access to and use of Site services.
Notices and Communication
You authorize rootberry.com and its sponsors and affiliates to communicate with you to the full extent allowed by rootberry.com’s Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to construction and remodeling. If you do not wish to receive bulk email solicitation notices or announcements from rootberry.com, please send us an email at support@rootberry.com. To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.
Notices that you send to us must be delivered via first class mail to the following address:
rootberry.com
9909 Manchester Road, #322
Warson Woods, MO 63122
You may also send us notices to: support@rootberry.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from rootberry.com are deemed made within the State of Missouri.
The terms and conditions of this TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Missouri, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Missouri.
You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOS, the Privacy Policy, or related to Site services provided by rootberry.com to you shall be brought and maintained exclusively in the state or Federal courts located in St. Louis, Missouri. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in St. Louis, Missouri for the purpose of any such litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against rootberry.com related to the Site, this TOS, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services or $250, whichever is less. IN NO EVENT SHALL ANY rootberry.com BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, OR WAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH rootberry.com MAY BE RESPONSIBLE.
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by rootberry.com must commence within ninety (90) days after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived.
Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOS, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.
No Class Claims
We want to ensure quality personalized service and the prompt resolution of any issues you may encounter. Accordingly, if you have any concern or claim against rootberry.com, you agree to promptly contact rootberry.com’s customer service and see a resolution to the matter informally. If you must pursue any formal claim, you agree to assert the claim solely on an individual and not class nor collective basis. You hereby waive the right to bring any claim on a class or collective basis and further waive the right to participate in any class or collective action.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in this TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under this TOS without the prior written consent from rootberry.com. Any attempt by your creditors or another third party to obtain an interest in your rights under this TOS Policy is voidable at rootberry.com’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
Non-Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by rootberry.com in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, rootberry.com’s election to not assert its rights under this TOS shall not preclude rootberry.com from asserting its rights in the future.
Severability of Terms
If any provision of this TOS or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in this TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
Attorneys’ Fees
If rootberry.com prevails in any action, suit, or proceeding arising from or based upon this TOS, rootberry.com shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
Headings
The headings in this TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
Exclusive Service Territory
The Site is intended exclusively for temporary and permanent residents of the St. Louis and surrounding metropolitan area. Users from states other than Missouri and Illinois are not permitted to use the Site.
rootberry.com
9909 Manchester Road, #322
Warson Woods, MO 63122
support@rootberry.com