Rootberry Terms of Service
Last Updated: July 31, 2023
This Service is offered and available to users who are 18 years of age or older and reside in the United States. By using the Service, you represent and warrant that you meet the foregoing eligibility requirements and you are of legal age and authority to enter into a binding contract. If you do not meet all of these requirements, you must not access or use the Service.
Payment of Fees
You agree that your order is an offer to buy, under these TOS, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. If we accept your order, you are solely responsible for the prompt payment of all fees to Rootberry. All prices posted on the Service are subject to change without notice. Posted prices do not include taxes, charges for shipping and handling, or other charges assessed by governmental entities or financial institutions. We accept various methods of payment, which may include valid credit card, Google and Apple Pay, or PayPal. We reserve the right to expand or limit payment options. For each payment you make to Rootberry, or which a third party makes on your behalf, you warrant that the payment information is true and correct and that you are duly authorized to use the payment method. If your payment is declined, you may be subject to additional fees.
All fees paid to Rootberry are non-refundable. If you have a problem with your order, please contact customer service. For the safety of our customers, we do not accept returns. You agree not to institute any credit card chargeback for any order that has been fulfilled by Rootberry.
You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Mobile 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 may provide promotions, specials, and other marketing offers and reminders from Rootberry via mobile messages through your wireless provider to the mobile number you provided. Message frequency varies. If you wish to stop mobile messages, text reply the keyword command STOP to the Rootberry message. For additional service support or assistance, email email@example.com.
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 to, from, or 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.
Food Safety and Handling
You are solely responsible for the safe handling, storage, preparation, cooking, use and consumption of food orders you receive from Rootberry. 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. Rootberry will not be responsible or liable to you under any circumstances for any illness or health problem that may result from the consumption of Rootberry’s products. Consult your physician before altering your diet or beginning any diet, nutrition or fitness plan. If you do not believe that the food delivered to you is in satisfactory condition, please promptly contact us at firstname.lastname@example.org.
You will be charged a delivery fee for your order. Any applicable delivery fee will be disclosed to you at the time of your check out.
Rootberry uses third party logistics services for fulfillment of our orders and packages will be left at the door of the provided address at time of order. If your delivery cannot be made for any reason, you assume sole responsibility and will not receive a refund.
We will take commercially reasonable steps to deliver your product within the time window provided in your order, but delivery during that window is not guaranteed. You agree that Rootberry is not responsible for any delivery delays.
If Rootberry offers a promotion, only one promotion is eligible per order. Rootberry reserves the right to solely determine how and if a promotion exists and will be applied to your order. Rootberry 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.
If you choose to subscribe to any subscription service offered by Rootberry, pricing will be reflected on your order. If you have a subscription, payment will be processed at the time of fulfilling your order. If you wish to skip a subscription delivery or cancel your subscription, you must login into your Rootberry account and enter the change as instructed on the account home page.
You authorize Rootberry to charge your selected payment method for the duration of the subscription and will keep your payment information up to date.
One Account Policy
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.
Some portions of the Service are restricted and require authorization for access. Actual or attempted unauthorized use of or access to these areas is prohibited and may result in criminal prosecution and/or civil liability. 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.
Your Account Security
We take commercially reasonable steps to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is guaranteed. We cannot guarantee the security of our system, nor that the information that you supply will be confidential. You should assume that anything you send us may not be secure.
You agree to maintain the security of your Rootberry account, including your password. You are solely responsible for maintaining the confidentiality and security of your account password.
You agree to promptly notify Rootberry of any security breach relating to your account. Such notices should be sent to: email@example.com.
Rootberry encourages all users to proactively take steps to enhance their personal security measures, including by use of “strong” passwords, frequently 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 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 firstname.lastname@example.org.
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.
Code of Conduct
Use of Name
You consent to Rootberry using your name and business name in advertising and promotional materials related to the Service.
Rootberry reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours. Rootberry is not liable for any system outage.
Intellectual Property Rights
You agree that Rootberry or its respective licensors holds all right, title and interest to the Service, including without limitation its websites, content, text, graphics, information and technology used to provide the Service. 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.
You also grant Rootberry a non-exclusive license to use, reference, distribute, copy, display, publish, post, identify, create deriviative works from or otherwise utilize your submissions (including all intellectual property rights therein) that you submit or provide to Rootberry. Such information will be used solely by Rootberry in conjunction with providing and marketing the Service.
Food for Personal Consumption
The Service is for personal, non-commercial use. Any food you order should be for your own consumption and may not be resold.
Disclaimer of Warranties
EXCEPT AS EXPLICITLY PROVIDED OTHERWISE IN THESE TOS, TO THE FULLEST EXTENT PROVIDED BY LAW, ROOTBERRY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROOTBERRY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ROOTBERRY DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE QUALITY OR COMPLETENESS OF ANY GOODS OR SERVICES PROVIDED THROUGH THE SERVICE OR ITS USERS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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 TREE NUTS. CROSS-CONTAMINATION MAY OCCUR BETWEEN PRODUCTS. WHILE WE INTEND TO DISCLOSE 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 THE SERVICE.
Assumption of Risk
When you access the Service, download or upload content on the Service, proceed to other websites linked to the Service, interact with the Service in any manner, or make orders from the Service, you do so at your own discretion and risk. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them. If you decide to access any such linked sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Rootberry customer support can be reached by sending an email to: email@example.com. Rootberry attempts to respond to customer inquiries within two (2) business days.
You agree that Rootberry shall have the right to participate in the defense of any claim asserted against Rootberry. You also agree that Rootberry shall be entitled to retain counsel of Rootberry’s own choosing at your cost. You further agree to notify Rootberry of your knowledge of any claim against Rootberry. You agree to cooperate fully with Rootberry during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to Rootberry and sums are due and owing from you to Rootberry and you are in default of your obligations under this TOS, you authorize Rootberry to deduct any sums due and owing from your payment source(s) so long as Rootberry provided you with notice of your default and you failed to cure the default to the satisfaction of Rootberry in its sole discretion within ten days.
Right to Refuse Service
Rootberry, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Termination of Services
Users who wish to terminate their account must complete the cancellation process on their account profile within the Service.
Notices and Communication
Legal notices that you send to us must be delivered via first class mail to the following address:
1147 Saint Louis Galleria
St Louis, MO 63117
You may also send us notices to: firstname.lastname@example.org 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 are deemed made within the State of Missouri.
Exclusive Remedy and Limitation of Liability
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 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
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, you agree to promptly contact Rootberry’s customer service and seek 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.
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.
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 in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Rootberry’s election to not assert its rights under this TOS shall not preclude Rootberry from asserting its rights in the future.
Severability of Terms
If Rootberry prevails in any action, suit, or proceeding arising from or based upon this TOS, Rootberry 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.
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.
1147 Saint Louis Galleria
St Louis, MO 63117