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    Terms of Service

    Rootberry Terms of Service

    Last Updated: July 31, 2023

    Acceptance of Terms of Service and Privacy Policy

    These Terms of Service (“TOS”) are entered into between you and Rootberry LLC d/b/a rootberry (“Rootberry,” “we,” or “us”).  The TOS govern your access to and use of the website www.rootberry.com, and any affiliated websites, software, mobile applications, text or mobile device messaging, content, functionality, goods and services offered in connection with www.rootberry.com or provided by Rootberry (collectively, the “Service”).  By using the Service, you accept and agree to be bound by the terms and provisions of these TOS and the Privacy Policy (the “Privacy Policy”).  If you do not want to agree to these TOS or the Privacy Policy, you must not access or use the Service.

    Modifications to TOS and Privacy Policy

    We may revise and update these TOS and Privacy Policy from time to time in our sole discretion.  All changes are effective immediately when we post them.  Your continued use of the Service following the posting of revised TOS or Privacy Policy means that you accept and agree to these changes. 

    Eligibility

    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. 

    Mobile Messages

    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 support@rootberry.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 support@rootberry.com.

    Deliveries

    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.

    Promotional Offers

    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.

    Subscriptions

    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.

    Secured Areas

    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: support@rootberry.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 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.  You further warrant that to the extent you provided personal data about a third party to Rootberry, you provided that third party with notice about the 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 the Service 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 the Service for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  Additional prohibited uses include:

    1. Use the Service in any manner that could damage, disable, overburden, or impair any servers, or the network(s) connected to the Service, or interfere with any other party’s use and enjoyment of the Service;
    2. Attempt to gain unauthorized access to the Service, other accounts, computer systems, websites, or networks connected to the Service through hacking, password mining or any other means;
    3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
    4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Service;
    5. Use any metatags or any other “hidden text” utilizing Rootberry’s name, service or trademarks or trade dress without the express written consent of Rootberry;
    6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
    8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
    9. Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
    10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
    11. Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
    12. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
    13. Use the Service if you are not able to form legally binding contracts;
    14. Copy or mirror the information, data, content, or coding from the Service without first obtaining express written permission from the Service administrator;
    15. Reverse engineer or reconstruct any portion of the Service; and
    16. Use of the Service that violates any applicable federal, state, local or international law or regulation or that violates the TOS.

    Knowledge of TOS and Privacy Policy

    If you are using the Service 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 the Service without notice if, in our sole discretion we reasonably believe you have breached the TOS or any other obligation to Rootberry.  Without limiting the foregoing, 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; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of Rootberry’s Code of Conduct as set forth in these TOS.

    Use of Name

    You consent to Rootberry using your name and business name in advertising and promotional materials related to the Service.

    Maintenance/Down Time

    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.

    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 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. 

    Customer Support

    Rootberry customer support can be reached by sending an email to: support@rootberry.com.  Rootberry attempts to respond to customer inquiries within two (2) business days.

    Indemnification

    As a user of the Service, you agree to release, indemnify, defend and hold harmless Rootberry 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 Service, the services provided by Rootberry to you, 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 the Service for their alleged violations of the law.  This indemnification obligation is in addition to any other rights or remedies Rootberry may have in law or equity.

    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

    By using the Service, 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 Service.

    Reports of Abuse

    If you have any reason to believe that content on the Service violates any law, that any user of the Service is using the Service to violate the law, or that any User is violating the TOS or privacy policy, you may inform Rootberry in writing about the facts and circumstances of the alleged abuse or violations by writing to: support@rootberry.com.  Rootberry may but is not obligated to conduct an investigation into the allegations.  Rootberry reserves the right to remove accounts, content, or postings that Rootberry, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

    Termination of Services

    Users who wish to terminate their account must complete the cancellation process on their account profile within the Service.

    You acknowledge and agree that we may terminate or block your use of the Service 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 may delete all information related to you on the service and may bar your access to and use of the Service.

    Notices and Communication

    You authorize Rootberry and its sponsors and affiliates to communicate with you to the full extent allowed by Rootberry’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, 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.

    Legal notices that you send to us must be delivered via first class mail to the following address:

    Rootberry

    1147 Saint Louis Galleria

    St Louis, MO 63117

    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 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 the Service 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.

    Exclusive Remedy and Limitation of Liability

    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 related to the Service, this TOS, or the Privacy Policy, is limited solely to the amount you paid for such services or $250, whichever is less.  IN NO EVENT SHALL ANY ROOTBERRY 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 THE SERVICE, INABILITY TO USE THE SERVICE, OR ANY OTHER HARM YOU CLAIM IN WHICH ROOTBERRY 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 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 THE SERVICE.

    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.

    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 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 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 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.

    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.

    Rootberry

    1147 Saint Louis Galleria

    St Louis, MO 63117

    support@rootberry.com

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