User Terms And Conditions
Effective Date: June 2, 2023
Welcome! At Arootah LLC (“Arootah,” “we,” “us,” or “our”), we aim to provide a best in class user experience when you visit, use, access, make a purchase from or otherwise interact with us at arootah.com (the “Site”), any of our software and mobile applications including, without limitation, our software application Habit Accountability Tracker located at app.arootah.com/login (each an “App” and collectively, the “Apps”), and all information, content, materials, products, or offerings included on or otherwise made available to you through the Site, Apps, and social media (collectively, the “Services”). This User Terms and Conditions (the “User Terms”) governs the use of the Site, the Apps, and any other products, or offerings that we may make available from time-to-time through the Services.
If you do not agree to (or cannot comply with) all the terms and conditions of this Agreement, you are not permitted to access or use the Services. By accepting or agreeing to this Agreement on behalf of a company or other legal entity, or a parent or legal guardian on behalf of a minor, you represent and warrant that you have the authority to bind that company, other legal entity, or minor to the Agreement and, in such event, “you” and “your” (as used herein) will refer and apply to that company, legal entity, or minor (as applicable). We may amend the terms and conditions of this Agreement from time to time. Your continued use of any Services after we post any such changes will signify your acceptance of such changes. If you do not agree with any such changes, you must immediately discontinue using the Services. If you have any questions or concerns regarding the terms or conditions herein, please email us at help@Arootah.com.
You may not copy, adapt, create derivative works of, translate, or otherwise modify the Services in any manner, in whole or in part, unless expressly permitted by Arootah in writing. Any attempt to circumvent this policy is strictly prohibited.
THE SECTIONS BELOW TITLED “APPLICABLE LAW, DISPUTES, AND BINDING ARBITRATION,” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times.
NOTICE TO PARENTS AND LEGAL GUARDIANS: By granting your child permission to access or use the Services, you agree to the terms and conditions of this Agreement on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this Agreement, do not let your child access or use the Services. If you are the parent or guardian of a child under 13 (or 16 in the EEA (as defined below)) and believe that he or she is using the Services, please contact us at: help@Arootah.com.
The registration for some portions of the Services (e.g., the Apps) is free of charge and does not make you sign up for a paid subscription.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your account. However, while you’re under no obligation to do so, you have the right to share your account information and any data you submit via the Services, including any Personal Information (as defined below) with your coach. Any consent you give can be revoked by you at any time, for any reason. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel features of the Services at any time, in our sole discretion.
Notice to Consumers
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement and that are in addition to the terms of this Agreement, and certain provisions of this Agreement may be unenforceable as to you. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect.
Changes to the User Terms
The User Terms are effective as of the Effective Date at the top of this page. We may change these User Terms from time to time with or without notice to you. By accessing the Services after we make any such changes, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the User Terms in effect at the time we collect the information. Please refer back to these User Terms on a regular basis.
Some of the Services allow you to upload, store, send, download, or receive content, including but not limited to information, text, and other material (collectively, “User Content”). You retain ownership of any intellectual property rights that you have in your User Content.
We advise that you do not submit, post, upload, or otherwise include financial, private, valuable, confidential, or proprietary information via the Services. If you submit, post, upload, or otherwise include financial, private, valuable, confidential, or proprietary information via the Services, you do so at your own risk. Please keep this risk in mind and comport yourself appropriately.
When you use the Services, or send e-mails, text messages, or 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 the Site, the Apps, and through the Services, 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.
All content and materials included in or made available through the Services (e.g., 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 such content included in or made available through the Services 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 Services 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, the Apps, or otherwise through the Services 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 Services and to the features and services accessible via the Services. In addition, portions of the Services operate under license of one or more patents.
Subject to your compliance with these User Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services strictly as contemplated hereunder. This license does not include any resale or commercial use of any content, service, or product available on through the Services; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Site, the Apps 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 User Terms are reserved and retained by Arootah or its licensors, subcontractors, or other content providers. The Site, the Apps, or any other part of the Services 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, the Apps, or the Services. You may use the Site, the Apps, and the Services 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 and offerings, 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.
Disclaimers & Disclosures
1. FDA Disclaimer/Disclosure
By use of this Site, the Apps, or the Services, you hereby acknowledge and agree that no statements, information, documents or materials made available on or through this Site, the Apps, or the Services, 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 or offering on or through this Site, the Apps, or the Services, whether made available by Arootah or any of our Partners, you hereby acknowledge and agree that no products or offerings (including, without limitation, the use of the product’s ingredients in connection with the products) sold or distributed on or through this Site, the Apps, or the Services, 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.
2. Health and Wellness Disclaimer/Disclosure
You hereby acknowledge and agree that no products sold via the Site, the Apps, or the Services, 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 or offerings sold or distributed on or through this Site, the Apps, or the Services, 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 the Site, the Apps, or through the Services 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 the Site, the Apps, or through the Services is completely 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 the Site, the Apps, or the Services, 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, the Apps, or through the Services.
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 the Site, the Apps, or the Services, 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, the Apps, or otherwise through the Services. Any questions you may have regarding a medical condition or the possible side effects of any products sold or otherwise made available to you through the Site, the Apps, or the Services 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.
3. No Professional Advice
You acknowledge that neither Arootah, the Site, the Apps, nor the other Services is 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 offerings included on or otherwise made available to you through the Site, the Apps, and the Services 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.
You agree that you will not use the coaching services or any other Services in place of any form of therapy.
You acknowledge that all information, content, materials, products, or offerings included on or otherwise made available to you through the Site, the Apps, and the Services 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 your 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.
4. Site Use Disclaimer/Disclosure
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 the Site, the Apps, and the Services 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 the Site, the Apps, and the Services). Information obtained by using the Site, the Apps, and the Services is not exhaustive and does not cover all issues, topics, research, or facts that may be relevant to your individual situation.
Use of the Services
Using the Services does not grant you ownership of any intellectual property rights in our Services or the content you may have access to through the Services. Nothing set forth herein or elsewhere throughout the Agreement grants you the right to use any branding or logos used in the Services.
You may not abuse or misuse the Services, including, but not limited to, the following actions:
- Using the Services for any unlawful purposes or activities;
- Uploading any Content to the Services in violation of any applicable law, including but not limited to intellectual property laws and publicity laws;
- Sending unsolicited promotions or advertisements;
- Accessing or tampering with our server systems;
- Interfering with or disrupting the access of any user, host, coach, or network;
- Impersonating any person, business, or entity, including an employee of Arootah, or member of our coaching team, or communicating in any way that makes it appear that the communication originates from us;
- Transmitting or communicating any content which, in our sole and exclusive discretion, is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable; or
- Inducing or encouraging others to violate these User Terms or any other portion of the Agreement.
Arootah, in our sole discretion, will determine what constitutes abuse and misuse of the Services.
When the Services require or include downloadable software (“Software”), it may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings.
We hereby grant you a personal, worldwide, royalty-free, revocable, non-assignable, and non-exclusive license to use the Software provided by us as part of the Services. You may not copy, modify, distribute, sell, or lease any part of the Services or included Software without our express written consent on a case-by-case basis. Outside the above explicitly allowed use cases, you may not use our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress without a signed written contract with us granting you a license to do so.
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 non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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, the Apps, or the Services at any time and 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, the Apps, or otherwise through the Services and the consequences of posting and publishing it in connection therewith.
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 Services.
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, the Apps, and within our 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
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, the Apps, or elsewhere throughout the Services.
- 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, the Apps, or elsewhere throughout the Services can be reached as follows: email@example.com, or by mail to the following address:
c/o Lyons & Salky Law, LLP
1216 Broadway, Suite 414
Making a Purchase
To purchase a product or offering on the Site, the Apps, or elsewhere through the Services, 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, the Apps, or the Services. 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, the Apps, or the Services.
As the consumer, it is solely your responsibility to know your local, state, federal, and national laws before purchasing a product on or through the Site, the Apps, or the Services. All products and offerings made available on or through the Site, the Apps, or the Services are expressly and exclusively intended for legal use. Prior to purchasing any products or using any offerings made available on or through the Site, the Apps, or the Services, you hereby agree to confirm the legality of the possession or use of any product in the jurisdiction where you request to receive a shipment or possess any such products.
We do not directly sell products sold on the Site, the Apps, or via the Services, 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.
Purchasing a product on or through the Site, the Apps, or the Services 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, the Apps, or the Services or purchasing a product on the Site, the Apps, or the Services.
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, the Apps, or the Services. 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 is 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.
2. 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.
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.
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.
2. 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 arrange a return, please contact our customer experience team at: firstname.lastname@example.org.
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 Site, the Apps, or the Services.
We reserve the right to suspend, terminate, or cease providing any portion of the Services at any time, with or without notice to you, including if we determine in our sole discretion, that:
- We have stopped offering the applicable Services in your region; or
- Doing so would be in the best interests of protecting our rights, privacy, safety, or property, and that of our administrators, coaches, affiliates, you, or any other applicable third parties.
You may choose to stop using the Services at any time.
If your account in connection with any of the Services is terminated, you will no longer have access to it, including to any of the associated data or Content, and we will have no liability to you. We also reserve the right to terminate any other accounts you may have created, as well as access to any other Services (also without liability to you).
You understand and agree that using the Services comes with the risk that your account may be terminated or suspended at our discretion and at any time. Please keep this risk in mind and comport yourself appropriately.
Disclaimer of Warranties and Limitation of Liability
The Site, Apps and Services and all information, content, materials, products and offerings included on or otherwise made available to you in connection therewith 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, the Apps, or the Services, unless otherwise specified in writing. You expressly agree that your use of the Site, the Apps, and the Services 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, the Apps, and the Services 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, the Apps, or the Services, 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, the Apps, or any Services 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 or offering on or through this Site, the Apps, or the Services, 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 or offerings.
All of the information in the Site, the Apps, and elsewhere throughout the Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, the Apps, or the Services (as applicable), and we do not undertake any obligation to update such information after it is posted or to remove such information from the Site, the Apps, or the Services if it is not, or is no longer, accurate or complete.
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 User Terms by you, including any use of any content other than as expressly authorized herein. 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 the Site, the Apps, or through the Services.
Applicable Law, Disputes, and Binding Arbitration
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 a 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, the Apps, or otherwise through the Services, 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 these User Terms as a court would.
ANY CLAIMS, ACTIONS, OR PROCEEDINGS BY YOU MUST BE COMMENCED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR CLAIM OCCURS. ALL OTHER CLAIMS YOU MAY HAVE ARE PERMANENTLY BARRED.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
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 the Site, the Apps, and the Services (as applicable) frequently to see recent changes and updates. Your continued use of the Site, the Apps, or the Services and purchase of any products and offerings made available on or though the Site, the Apps, or the Services 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.
Ideas, Comments, Suggestions, and Requests
We appreciate receiving your ideas, comments, suggestions, and requests regarding the Services (“Unsolicited Ideas”). By submitting your Unsolicited Ideas (in any form or medium), you are transferring all your right, title, and interest therein exclusively to us. As the owner of Unsolicited Ideas, we have unrestricted rights to use, disclose, and process the Unsolicited Ideas for any purpose whatsoever without any compensation to you. You also give up any claim that any use, disclosure, and processing by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
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, the Apps, the Services, and any usage or purchases 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.