Terms Of Use
Effective Date: August 18, 2023
Introduction
Welcome to www.arootah.com (the “Site”). This Site is owned and operated by Arootah, Inc. and its affiliates (“Arootah”).
Please read these Terms of Use before using our Site or any other Arootah products or services. By using our Site, you accept and agree to be bound by the terms and conditions set forth herein and the terms of our Privacy Policy, which governs your use of the Site and our privacy practices.
Additional Terms of Service
Please be aware that when you purchase services or products from us, you may be required to review and agree to additional terms relating to such services and products.
WAIVER AND RELEASE OF LIABILITY
Electronic Communications
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically.
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Account
You may need your own Arootah account to access areas of the Site, which will include the creation of a username and password, and you may be required to provide a valid payment method to be associated with such account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Intellectual Property of Arootah
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Arootah or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of Arootah and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Arootah. Arootah’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Arootah. All other trademarks not owned by Arootah that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Arootah.
One or more patents owned by Arootah apply to the Site and to the features and services accessible via the Site. In addition, portions of the Site operate under license of one or more patents.
Limited License
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Site. This license does not include any resale or commercial use of any content, service, or product available on the Site; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. Under no circumstances are you permitted to teach or train from our intellectual property without our express written consent. All rights not expressly granted to you in these Terms of Use are reserved and retained by Arootah or its licensors, subcontractors, or other content providers. The Site, or any part of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Arootah.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Arootah without express written consent. You may not use any meta tags or any other “hidden text” utilizing Arootah’s name or trademarks without the express written consent of Arootah. You may not misuse the Site. Furthermore, you may use the Site only as permitted by law.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
Reviews and Commenting
You may post reviews, comments, photos, videos, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, derogatory, obscene, harassing, discriminatory, violent, vulgar, profane, pornographic, bigoted, damaging, inappropriate, invasive of privacy, infringing of intellectual property rights (including publicity rights), discriminatory, or otherwise injurious to third parties, unethical, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, pyramid schemes, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Arootah reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. Seeking to collect other users’ email addresses or personal information for solicitations, advertising, or malware via such content is strictly prohibited. Impersonating or misrepresenting yourself in connection with any other entity or person or otherwise manipulating headers or identifiers to disguise the origin of your content is strictly prohibited.
If you do post content or submit material, and unless we indicate otherwise, you grant Arootah a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Arootah and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Arootah for all claims resulting from content you supply.
Arootah has the right but not the obligation to monitor, screen, edit or remove any activity or content shared on the Site at any time or any reason without notifying you. Arootah takes no responsibility and assumes no liability for any content posted by you or any third party. You, not Arootah, are entirely responsible for all such content that you upload, post, email, or transmit to the Site and the consequences of posting and publishing it on our Site.
We strongly encourage you to avoid publicly posting information regarding your identity including, without limitation, your full name, e-mail address, street address, and telephone number. Posting such information puts you at risk for identity theft. You are responsible for the risks associated with interacting with others through such content and we are not responsible for the behavior of others including, but not limited to, any liability related to their conduct or any content made available on or through the Site.
Tagged Media
Users and customers who choose to share photos and videos on Instagram, Facebook, Twitter, and other social media channels (“Social Media Channels”), using hashtags, including #Arootah, #LiveArootah, #FeelArootah or tagging the Instagram (@arootah), Facebook, and/or Twitter Account (@live_arootah), (all such hashtagged and/or @ labeled content, “Tagged Media”) acknowledge and agree that Arootah may use such Tagged Media on our Site and within our content, services, and social media. By publicly posting any Tagged Media, you hereby grant us permission to use and authorize others to use your name, social media handle in association with Tagged Media publicly for promotional purposes, even after you cancel your Account. You further acknowledge that posting your Tagged Media containing your personal information such as your name, voice, and/or photos, does not violate or infringe on the rights of any third party, including, without limitation, to privacy rights, publicly rights, copyrights, trademark, or other intellectual property rights.
Links to Other Websites
In our sole discretion we may provide links to third-party content and websites, including links for the convenience of locating related information and services or for advertising purposes. When you click on a link, you could be directed to a site beyond our control and may have different terms of use and privacy policy notices which you should review carefully. You acknowledge that we are not responsible for any content or services of any such third party, their policies, the content of their sites, their information collection practices, or their advertisements or endorsements. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site.
Intellectual Property Complaints
Arootah respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the site.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Arootah’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: info@arootah.com, or by mail to the following address:
Arootah LLC
c/o Lyons & Salky Law, LLP
1216 Broadway, Suite 414
New York, New York 10001
Disclaimer of Warranties and Limitation of Liability
The site and all information, content, materials, products, and services included on or otherwise made available to you through the site are provided by Arootah on an “as is” and “as available” basis, unless otherwise specified in writing. Arootah makes no representations ow warranties of any kind, express or implied, as to the operation of the site, or the information, content, materials, products, or services included on or otherwise made available to you through the site, unless otherwise specified in writing. You expressly agree that your use of the site is at your sole risk.
To the full extent permissible by law, Arootah disclaims all warranties, express of implied, but not limited to, implied warranties if merchantability and fitness for a particular purpose. Arootah does not warrant that the Site, information, content, materials, products, or services included on or otherwise made available to you through the Site or electronic communications sent from Arootah are free of viruses or other harmful components.
To the full extent permissible by law, Arootah will not be liable for any damages of any kind arising from the use of the Site, or from any information, content, materials, products, or services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
No Professional Advice
You acknowledge that Arootah and this Site is not promising outcomes, including but not limited to, increased clientele, profitability, and or business success and is not acting as an attorney, accountant, or financial planner/advisor.
You acknowledge that all information, content, materials, products, or services included on or otherwise made available to you through the Site are not offered as a substitute for professional mental health care, counseling, psychoanalysis, or substance abuse treatment, and are not intended to diagnose, treat, or cure any mental health conditions.
Furthermore, you will not use the coaching services in place of any form of therapy.
You acknowledge that all information, content, materials, products, or services included on or otherwise made available to you through the Site are not offered as a substitute for health care, medical, or nutritional services or attempting to diagnose, treat, prevent, or cure any physical ailment, disease, or condition. You understand that you should consult my personal health care professional before starting any diet, exercise plan, exercise regimen, or any other fitness or wellness program that might be offered by Arootah.
You understand and agree that you are fully responsible for your well-being, including your mental health, physical health, business decisions, and any other choices, decisions, actions, or inaction you choose to take.
Adult Content
This Site is not directed to children, and we will not knowingly collect personally identifiable information from children under 13.
Indemnity
You shall indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of any content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Applicable Law and Disputes
You agree that any dispute arising under, relating to or in any way connected with the Terms of Use must first be submitted to non-binding mediation, unless the parties agree in writing to waive such requirement. Mediation shall be conducted and administered by JAMS in New Jersey. If a dispute remains unresolved at the conclusion of the mediation process or the parties stipulate in writing to waive mediation, either party may submit the dispute to binding arbitration in accordance with the then-current Commercial Arbitration Rules & Procedures of JAMS in New Jersey. Such an arbitrator shall be a lawyer not employed by or associated with either party to the Terms of Use and shall have substantive experience in matters similar to the subject of these Terms of Use. All mediation and arbitration proceedings shall be confidential and New Jersey law shall apply. The prevailing party in any such arbitration proceeding shall be entitled to reimbursement of its legal fees and costs by the non-prevailing party. By using the Site, you hereby understand and agree that this provision is intended to provide both you and Arootah with the exclusive forum for redressing grievances that arise under, relate to, or are in any way connected to these Terms of Use. You agree that these Terms of Use, regardless of the place of its execution or the location of residency, shall be interpreted in accordance with the laws of the State of New Jersey applicable to agreements made and wholly to be performed therein.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.
Notices and Revisions
As our business changes and evolves, our Terms of Use may change. You acknowledge that any such changes are at the sole discretion of Arootah. You should check this Site frequently to see recent changes and updates. Your continued use of this Site after such changes constitutes your acknowledgement and agreement to such changes.
Miscellaneous
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject.
We may in our sole discretion suspend or terminate your account with Arootah at any time if you violate any of these Terms of Use.
Contacting Us
If you have any questions or suggestions with respect to these Terms of Use, please email us at: info@arootah.com.