USER TERMS AND CONDITIONS

Effective Date: August 31, 2021
This User Terms and Conditions (the “User Terms”) governs the use of arootah.com (the “Site”) and of all sales regarding products and services on or from the Site. By using the Site, including but not limited to, by making a purchase of any product or service, you are accepting all of the following terms and conditions set forth below, along with Arootah’s Terms of Use and Privacy Policy.

If you do not agree with anything set forth herein, in addition to Arootah’s Terms of Use and Privacy Policy, you must discontinue use of the Site immediately and you must not purchase any products or services on or from the Site.

Disclaimers & Disclosures

Making a Purchase

Payments

Promotions & Gift Cards

Domestic Shipping Policy

Disclaimer of Warranties and Limitation of Liability

Applicable Law and Disputes

Notices and Revisions

Executive Coaching Subscriptions

Miscellaneous

Contacting Us

Disclaimers & Disclosures

  1. FDA Disclaimer/Disclosure

By use of this Site, you hereby acknowledge and agree that no statements, information, documents or materials made available on or through this Site, whether made available by Arootah or any of our third-party partners or providers (collectively, “Partners”) have been evaluated, endorsed, or approved by the Food and Drug Administration (“FDA”) or any other applicable regulatory agency.

By purchasing any product on or through this Site, whether made available by Arootah or any of our Partners, you hereby acknowledge and agree that no products (including, without limitation, the use of the product’s ingredients in connection with the products) sold or distributed on or through this Site, whether by Arootah or any of our Partners may not have been evaluated, endorsed, or approved by the FDA or any other applicable regulatory agency.

  1. Health and Wellness Disclaimer/Disclosure

You hereby acknowledge and agree that no products sold on the Site, whether made available by Arootah or any of our Partners, are intended to diagnose, treat, mitigate, cure, or prevent any disease, illness, or other physical or mental health problem. You should consult your physician, health care provider, or a certified medical expert before using any products sold or distributed on or through this Site, whether by Arootah or any of our Partners.

You hereby acknowledge and agree that all statements, information, and materials (including, without limitation, any information written on the label of any products) made available on this Site are provided to you as a courtesy and are not intended to be a substitute for informed medical advice, diagnosis, treatment or care and should not be relied upon when making any medical or other health care decision. We use our best efforts to ensure the information contained or displayed on this Site is complete accurate and current, but make no representation as to the completeness, accuracy and currentness of any such information. For example, attributes of certain products displayed on this Site, including but not limited to the colors of such products, may not be accurately reflected on your computer or device, products may be temporarily or permanently unavailable, and prices may differ from the price stated on the Site.

You hereby acknowledge and agree to always seek the advice of your physician, health care provider, or a certified medical expert before taking or using any nutritional, herbal, or homeopathic supplement or other product sold or distributed on or through this Site, whether by Arootah or any of our Partners. This is especially true for anyone pregnant, nursing, or living with any serious medical condition.

 

Do not ignore professional medical advice or postpone seeking it because of anything you have read on the Site. Any questions you may have regarding a medical condition or the possible side effects of any products sold on the Site associated therewith must be directed to your physician, health care provider, or a certified medical expert.

If you think you have or may have a medical emergency, call 911 immediately.

Nothing set forth herein creates a doctor-patient or provider-patient relationship between you and Arootah.

Products are not intended for use by or sale to any persons under the age of 18.

  • Site Use Disclaimer/Disclosure

You hereby acknowledge and agree that we may provide links to third-party content and websites, including links for the convenience of locating related information, products, 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 hereby acknowledge that we are not responsible for any content, products, or services of any such third-party, their policies, the content of their sites, their information collection, privacy or security practices or protections, 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.

You hereby acknowledge and agree that we cannot and do not guarantee or warrant that any files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient safety and security procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet (including, without limitation, your use of this Site). Information obtained by using this Site is not exhaustive and does not cover all issues, topics, research, or facts that may be relevant to your individual situation.

Making a Purchase 

 To purchase a product on the Site, you must be 18 years of age or older, and be lawfully able to enter into and create an enforceable contract in the applicable jurisdiction in which you are accessing and using the Site. It is your responsibility to know whether you are legally able to purchase products.  You represent that you are: (i) 18 years of age or older, (ii) can lawfully into and create an enforceable contract in the applicable jurisdiction in which you are accessing and using the Site.

As the consumer, it is solely your responsibility to know your local, state, and federal laws before purchasing a product on or through the Site. All products made available on or through the Site are expressly and exclusively intended for legal use. Prior to purchasing any products and/or using any services made available on or through the Site, you hereby agree to confirm the legality of the possession or use of any product in the state other jurisdiction where you request to receive a shipment and/or possess any such products.

International Orders.

We do not directly sell products sold on the Site, whether made available by Arootah or any of our Partners, in any jurisdiction other than the United States and these products may not be approved for sale in other jurisdictions.

While we may accept orders for the purchase of products from non-residents of the United States, by placing such orders:

(1) you agree that the purchase of any products by you, as a non-resident of the United States, shall be (a) ex works Arootah’s or any of our Partners’ facilities, as applicable, in the U.S. per Incoterms 2010, with all title risk and loss in the products passing to you in the U.S. and (b) for your own personal use only and not for further resale or distribution in any manner;

(2) you agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;

(3) you hereby expressly authorize and direct us to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;

(4) you are the principal importer of record, responsible for ensuring any products can be lawfully imported into your country, and will undertake responsibility for any and all applicable taxes, shipping, customs clearance, duties and import requirements from facilities in the U.S. to your foreign ship to destination; and

(5) the United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale of products through this site, and Arootah and its Partners expressly opt out of such application.

When making a purchase on the Site, you represent that you are providing information about yourself that is true, accurate, current, and complete, including your name, mailing address, e-mail address, and any additional information as indicated. Additionally, You warrant and represent that the payment details you provide are both legitimate and accurate and confirm that you are the person indicated in the “Billing” information provided.

All orders are subject to availability and any products in “Your Cart” are not reserved until your order is processed. Once your order has been processed, you are able to cancel your order as long as it has not been processed for shipment. If the order has been processed you will receive the order. As long as the merchandise has not been opened within 7 days of receipt you are eligible for a full refund.  The full refund will be processed through Stripe.

All purchases must be for personal use only. Re-selling or using any products made available on or through the Site for commercial purposes/benefit is strictly prohibited. We reserve the right to cancel or change orders of multiple quantities of a product from being shipped to any one customer or postal address.

Payments 

Purchasing a product on or through the Site requires a valid credit/debit card by a bank acceptable to Arootah or the applicable Partner and the third party payment processor to process a charge(s) on your credit/debit card in the amount of the total purchase price for the product(s) (plus any applicable taxes or other fees) that you purchase.

All prices, fees, and any applicable taxes and other charges are payable in U.S. dollars. When you make a purchase, in addition to providing traditional billing information such as your name, billing address, and credit card information, you may also be required to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third-party payment processor, that processor’s terms and conditions apply to your payment transaction.

We are careful to keep the technicalities of your purchase and payment method protected (as far as it is within our control to do so). However, we shall not be held liable for any loss you may suffer if a third-party payment processor allows unauthorized access to any data or personal information that you provide when accessing our Site or purchasing a product on the Site.

Promotions & Gift Cards 

We reserve the right to refuse, suspend, or revoke promotional offers at any time.

Both digital and physical gift cards are only redeemable if they are purchased through our Site. We are not responsible for nor required to honor gift cards purchased through an unauthorized reseller. We reserve the right to refuse or cancel gift cards or orders suspected of fraud or for other violations of our policies.

Domestic Shipping Policy 

  1. Shipment processing time, rates, and delivery estimates 

We will endeavor to process all orders within one (1) business day. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, processing and shipments may be delayed. Please allow for delays in transit for delivery. If there will be a significant delay in shipment of your order, we will endeavor to contact you via e-mail.

Shipping charges for your order will be calculated and displayed at checkout. Orders totaling $50.00 or more ship for free domestically.

  1. Shipment confirmation; Order Tracking  

Once your order has shipped, you’ll receive a Shipment Confirmation e-mail which will include your tracking number(s). Tracking information can take up to three (3) business days to activate.

  • Taxes

Arootah is not responsible for any taxes applied to your order. All taxes and fees imposed during or after shipping are the responsibility of the customer.

  1. Damages

Arootah shall not be liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim before contacting our customer experience team.

  1. Return Policy

Arootah is committed to our customers’ satisfaction. Returns on unopened items are accepted as long as they are shipped back to vendor within seven (7) days of receipt.  This will allow you to receive a full refund of the purchase price of the product, provided that the product remains unopened and unused. For clarity, there are no returns available on any products which are opened or used.

Please note that we do not refund shipping costs.

If you would like to set up a return, please contact our customer experience team at: shop@arootah.com.

Please note that all purchases of Arootah products made at a retail location must be returned to the place of purchase. Arootah is not able to accept returns and/or refund customers who attempt to return a retail purchase through our website.

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 on an “as is” and “as available” basis. Arootah makes no representations or 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 you use of the Site is at your sole risk.

To the full extent permissible by law, Arootah disclaims all warranties, express of implied, including, 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 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.

We make no warranty, express or implied, that the Site or any services, products, or information obtained on or through the Site will meet your requirements.

We do not warrant or make any representation regarding use, or the result of use, of the products in terms of accuracy, reliability, or otherwise.

By purchasing any product on or through this Site, whether made available by Arootah or any of our Partners, you hereby acknowledge and agree that you, and not Arootah, assume the entire cost of any loss, harm or damages arising from the purchase or use of any products.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

Applicable Law and Disputes

The User Terms shall be construed and controlled by the laws of the State of New Jersey. Any dispute arising under, relating to or in any way connected with the agreement 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 arbitrator shall be a lawyer not employed by or associated with either party to this Agreement and shall have substantive experience in matters similar to the subject matter of these User Terms. 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 making a purchase on or through the Site, you hereby acknowledge 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 this these User Terms. You further acknowledge and agree that these User Terms, 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 these User Terms as a court would.

Notices and Revisions

As our business changes and evolves, our User Terms may change at any time without notice. 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 and purchase of any products made available on or though the Site after such changes constitutes your acknowledgement and agreement to such changes.

Executive Coaching Subscriptions

Access to your exclusive coaching subscription benefits and perks requires an initial 3-month contract, with the first month’s payment due at the time of signup. The remaining two payments will automatically be charged on the corresponding day the following months. Access will only endure while you are actively subscribed to the program. Unused coaching sessions and perks do not roll over into the next billing cycle. You may pause your subscription once every calendar year.

 Miscellaneous

Our failure to enforce any provision of these User Terms or to respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these User Terms as to that breach or any other.

If any provision of these User Terms 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 User Terms constitute the entire agreement between you and us regarding the Site and purchase associated therewith and supersedes any prior or contemporaneous agreement regarding that subject matter.

We may in our sole discretion suspend or terminate your account with Arootah at any time if you violate any of these User Terms.

Contacting Us

If you have any questions or suggestions with respect to these User Terms, please e-mail us at info@arootah.com.

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