At Rooti, we’re committed to providing exceptional products and outstanding customer service. These Terms of Service help us maintain quality standards and protect both you and us. We’ve worked to make them as clear and fair as possible. If you have any questions or concerns, our team is here to help at hello@rootistore.com.

OVERVIEW

Welcome to www.rootistore.com and any related websites, mobile applications, or platforms that link to these Terms (collectively, the “Website”), owned and operated by Rooti LLC. The terms “Rooti”, “we”, “us” and “our” refer to Rooti LLC, a limited liability company organized under the laws of the State of North Carolina, United States.

Rooti operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Rooti is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. SEE SECTION 23 FOR DETAILS.

SECTION 1 - ACCESS AND ACCOUNT

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

Age Requirement: You must be at least 18 years old to create an account and make purchases through our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

Account Security: You are solely responsible for maintaining the security and confidentiality of your account credentials, including your username and password. You are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us of any unauthorized access to or use of your account. You may not transfer, sell, assign, or license your account to any other person or entity. Any violation of this provision may result in immediate account termination and legal action to recover damages.

Unauthorized Access: If you suspect any unauthorized use of your account, you must notify us immediately at hello@rootistore.com. You remain liable for all charges incurred under your account until we receive written notice of unauthorized access and have had a reasonable opportunity to act on that notice.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that product descriptions, colors, or other product-related content are entirely accurate, complete, reliable, current, or error-free. We make reasonable efforts to ensure quality, but subjective factors like personal preference, fit, or aesthetic appeal may vary. This disclaimer does not affect your statutory rights or warranties implied by law, including warranties against defects.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Rooti reserves the right to accept or decline your order for any reason at its discretion, including but not limited to product availability, errors in pricing or product information, suspected fraudulent activity, or failure to meet our order requirements. Your order is not accepted until Rooti confirms acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Returns, Exchanges, and Refunds: All matters related to returns, exchanges, refunds, order cancellations, and our satisfaction guarantee are governed by our Refund & Return Policy, which is incorporated into these Terms by reference and available at Refund Policy.

While most sales are final due to the nature of our small-batch products, Rooti will always make things right if your order arrives defective, damaged, incorrect, or incomplete. In those cases, we may, at our discretion, offer a replacement, reshipment, store credit, or refund once the issue is verified.

Please review our Refund & Return Policy carefully for full details, eligibility, and timeframes.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless otherwise agreed in writing by Rooti.

SECTION 4 - PRICES AND BILLING

Pricing and Currency: All prices are displayed in United States Dollars (USD). Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Payment Information: You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card or payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Authorization and Holds: When you place an order, we may obtain a pre-authorization on your payment method for the full order amount. This authorization may remain on your account until the transaction is complete or expires per your financial institution’s policies. If your payment is declined or fails for any reason, we reserve the right to cancel your order.

Chargebacks and Payment Disputes: You agree to contact us first at hello@rootistore.com to resolve any billing disputes, errors, or concerns before initiating a chargeback or payment dispute with your payment provider. We are committed to working with you in good faith to resolve any legitimate issues.

Initiating an invalid or fraudulent chargeback for a legitimate transaction may result in: (a) immediate suspension or termination of your account, (b) blacklisting from future purchases, (c) collection of any amounts owed plus reasonable attorney’s fees and costs, (d) reporting to fraud prevention services, and (e) potential legal action. If you believe you have been incorrectly charged, please contact us within 30 days of the charge, and we will work with you to resolve the issue.

Failed Payments: If a payment fails or is declined after your order has been shipped, you remain responsible for the full purchase amount. We reserve the right to pursue collection through appropriate legal channels and to charge you for reasonable collection costs, including attorney’s fees.

SECTION 5 - SHIPPING AND DELIVERY

All matters related to shipping, delivery, and order fulfillment are governed by our Shipping Policy, which is incorporated into these Terms by reference and available at Shipping Policy. Please review our Shipping Policy carefully to understand: - Available shipping methods and carriers - Shipping costs and calculation - Delivery timeframes and estimates - Domestic and international shipping options - Order tracking procedures - Lost or damaged shipment procedures - Customs, duties, and import charges (for international orders).

All delivery timeframes provided are estimates only and are not guaranteed. We make every effort to fulfill orders promptly, but actual delivery times may vary based on your location, product availability, carrier performance, and circumstances beyond our control.

Our Responsibility: We are not liable for shipping and delivery delays caused by circumstances beyond our reasonable control, including but not limited to: shipping carrier delays, customs processing, weather conditions, natural disasters, pandemic-related disruptions, civil unrest, or other force majeure events.

Risk of Loss: Unless otherwise required by applicable law, the risk of loss and title for products purchased from us pass to you upon delivery by the carrier to the address you provided. “Delivery” means when the carrier delivers or attempts delivery at the designated shipping address, whether or not anyone is present to accept delivery.

Issues with Your Shipment: If you experience any issues with your shipment, including lost, damaged, or delayed packages, please refer to our Shipping Policy for detailed procedures and contact us at info.rootistore@gmail.com. Our team is here to help resolve any shipping-related concerns.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Rooti, its affiliates or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Rooti, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Rooti.

Rooti’s names, logos, product and service names, designs, and slogans are trademarks of Rooti or its affiliates or licensors. You must not use such trademarks without the prior written permission of Rooti. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

DMCA Notice: If you believe that any content on our Services infringes your copyright, please contact us at hello@rootistore.com: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief that use is not authorized, and (e) a statement that the notification is accurate and that you are authorized to act on behalf of the copyright owner.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over nor provide input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Review Moderation: We reserve the right to remove reviews, comments, or user-generated content that violates our content standards, including but not limited to content that is offensive, false, fraudulent, promotional, contains personal information, or violates intellectual property rights.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Enforcement and Consequences: Violation of any of the above prohibited uses may result in, at our sole discretion: (a) immediate termination of your access to the Services, (b) termination of your account without refund, (c) reporting to appropriate law enforcement authorities, (d) legal action to recover damages and obtain injunctive relief, (e) cooperation with law enforcement investigations, and (f) blacklisting from future use of our Services. We reserve the right to investigate suspected violations and to take any action we deem appropriate, including but not limited to reporting any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES, PRODUCTS, AND ALL CONTENT, MATERIALS, INFORMATION, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

Product Quality: While we strive to provide accurate descriptions and high-quality products, we do not warrant that product descriptions, colors, or other content on the Services are accurate, complete, reliable, current, or error-free. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

STATUTORY RIGHTS: NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER OR EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROOTI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

1. ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

2. ANY DIRECT DAMAGES, LOSSES, OR COSTS EXCEEDING THE GREATER OF: (A) THE AMOUNT YOU PAID TO ROOTI FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00);

3. ANY DAMAGES ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, (D) PRODUCT DEFECTS (SUBJECT TO APPLICABLE PRODUCT WARRANTY LAWS), OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND ROOTI, AND THAT WE WOULD NOT PROVIDE THE SERVICES TO YOU ABSENT THESE LIMITATIONS.

State-Specific Exceptions: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

MANDATORY LIABILITY: NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rooti and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

We will provide you with prompt notice of any claim and reasonable cooperation in defense at your expense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without our written consent.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Upon termination, pending orders may be cancelled and refunded in accordance with our Refund & Return Policy available at Refund Policy. Termination does not affect any rights or obligations accrued prior to termination. Sections 6, 9, 13, 14, and 17-26 shall survive any termination of these Terms.

SECTION 16 - MINORS

The Services are not intended for individuals under the age of 18. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information.

SECTION 17 - QUESTIONS AND CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at 
hello@rootistore.com or
Rooti LLC
4030 Wake Forest Rd, Suite 349
Raleigh, NC 27609
Phone: (919) 400-4138

SECTION 18 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 18A - CALIFORNIA CONSUMER RIGHTS

California Residents:

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and other California consumer protection laws. These rights include:

• The right to know what personal information we collect, use, disclose, and sell

• The right to request deletion of your personal information

• The right to opt-out of the sale of your personal information

• The right to non-discrimination for exercising your CCPA rights

For complete information about your California privacy rights and how to exercise them, please see our Privacy Policy.

Additional Consumer Protections:

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW AND VENUE

The parties agree that these Terms, any sales thereunder, and/or any claim, dispute or controversy (whether in contract, tort or otherwise) between you and Rooti arising from or relating to these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms, Rooti’s advertising, or any related purchase shall be governed by the laws of the State of North Carolina without regard to conflicts of law principles.

Subject to the arbitration provisions in Section 23, you agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and you consent to the personal jurisdiction of such courts.

SECTION 23 - DISPUTE RESOLUTION & BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate:

You and Rooti are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Rooti, its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of products, your use of the Services, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Rooti’s advertising or any related purchase shall be resolved exclusively and finally by binding arbitration.

The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable).

Procedures:

Arbitration proceedings shall be governed by this provision and the applicable rules and procedures of the selected arbitration administrator, including any applicable rules and procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration.

The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, neither you nor Rooti shall be entitled to join or consolidate claims by or against other customers/users, or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.

Class Action Waiver:

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity.

Governing Law for Arbitration:

This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Fees and Costs:

Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided that Rooti will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

Arbitration Resources:

Information on AAA or JAMS and their applicable rules are available at the following: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com.

Exception for Intellectual Property and Court Jurisdiction:

If for any reason a claim proceeds in court rather than in arbitration, each of you and Rooti waive any right to a jury trial. Moreover, each of you and Rooti both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

Survival:

This arbitration provision shall survive the end of the relationship between you and Rooti, including without limitation, cancellation or deletion of your account, opt-out of marketing, or end of participation in any Rooti program or service.

OPT-OUT RIGHT:

You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms by sending a written notice to Rooti LLC at 4030 Wake Forest Rd, Suite 349, Raleigh, NC 27609, Attn: Legal — Arbitration Opt-Out. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement.

SECTION 24 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service at any time. You can review the most current version of the Terms of Service at any time on this page.

Notice of Changes: We will provide notice of material changes to these Terms in accordance with applicable law. Notice will be provided by one or more of the following methods: (a) email notification to the address associated with your account, (b) prominent notice on our website homepage, or (c) notice upon login to your account.

Effective Date of Changes: Material changes will become effective thirty (30) days after we provide notice, unless otherwise required by law. Changes addressing new functions of the Services or changes made for legal reasons may be effective immediately upon notice.

Your Acceptance: It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Services.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Rooti LLC
Address: 4030 Wake Forest Rd, Suite 349
Raleigh, NC 27609
Phone: (919) 400-4138
Email: hello@rootistore.com