DISCLAIMERS AND TERMS OF USE
IMPORTANT – READ CAREFULLY BEFORE USING APPLICATION
These Terms of Use (“Terms”) govern the use of this Application (“App”). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS APPLICATION (“App”). BY REGISTERING TO USE THIS APP THROUGH CLICKING “SIGN UP”, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE APP.
By continuing to use the App, You agree as follows:
You are at least 18 years old or have been legally emancipated;
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the App in a manner consistent with applicable laws and regulations, these Terms of Use, as they may be amended by Rooted Food, LLC or its affiliates from time to time; and
You understand, accept, and have received this Agreement and its Terms.
If You do not agree with and accept the Terms in this Agreement, please discontinue all further use of the App.
For purposes of these Terms, App refers to:
Applications for mobile, tablet and other smart device systems;
The monitoring or tracking service provided by the App (the “Service”)
The Application Program Interfaces (API); and
Any applications, content files, code, scripts, instructions, or software included as part of the Service, as well as any related documentation.
THIS APP DOES NOT PROVIDE MEDICAL ADVICE
Information contained in the App is provided for informational purposes only and is not intended as a substitute for advice provided by your physician or other healthcare professional. Do not use the information in this App for diagnosing or treating a health problem or disease. Always speak with your personal health care provider before pursuing any treatment plan. If you have or suspect that you have a medical problem, contact your health care provider immediately. Do not disregard professional medical advice or delay seeking advice because of something you have read on this App.
Information provided on this App and the use of any products or services purchased on this App DOES NOT create a physician-patient relationship between you, Dr. Brooke Stubbs, Rooted Femme, PLLC, or any affiliates of them.
THIS APP IS NOT A MEDICAL DEVICE
This App is created for informational use only. The App does not provide any diagnostic or therapeutic services and is not intended for use in connection with the diagnosis, cure, mitigation, prevention, monitoring, or treatment of any disease, injury, or handicap.
YOUR ACCOUNT OBLIGATIONS
In order to use this App, you may be required to provide certain information about yourself to create an account. In such case, you agree to provide true, accurate, current and complete information on the account form and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the App. Accounts may only be established and maintained by persons 18 years old and older, and only one account is permitted per user.
If you create an account, you will receive a password and account designation after you have completed, and we have accepted, your account application form and provided the required account information. You agree to maintain the security of your account, including the confidentiality of your password and other account information, and you are fully responsible for any activities that occur under your password and account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
ACCOUNT TERMINATION
You may terminate your account and stop using the Service by using the tools provided for account termination on the App.
PURCHASE VIA APP STORE
This App must be purchased via a third-party App store. To access such purchases, you must follow the instructions provided on the relevant online store front, such as “Apple App Store” or “Google Play,” which may vary depending on the device in use.
Unless otherwise specified, purchases done via a third-party online store are subject to such third-parties’ terms and conditions.
COPYRIGHT AND TRADEMARKS
All trademarks, service marks and logos appearing on this App as well as any content files, source code, or scripts are the sole property of Dr. Brooke Stubbs, Rooted Femme, PLLC, and/or Rooted Food, LLC (collectively, “us”). You are granted no licenses with respect to any of the foregoing. The App may contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that is protected by copyright, trademark, and other laws. Content is owned by us or our licensors. The only rights you are granted with respect to Content are those stated expressly in these Terms of Use, and there are no implied rights or licenses.
You may not modify, remove, delete, augment, add to, publish, transmit, sell, create derivative works of, or in any way exploit any of the Content, in whole or in part. Other than as permitted by the fair use privilege under the United States copyright laws, you may not reproduce or distribute Content in any way without first obtaining permission of the owner of the copyright thereof. Any other use of the Content is strictly prohibited. If you breach these Terms of Use, your right to use the Content will automatically terminate and you must immediately destroy all copies of Content.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any portion of the App or Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through contacting: [insert name and address]
DISCLAIMERS
To the extent permissible by law, WE PROVIDE THIS APP, THE CONTENT AND ALL OTHER GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You hereby agree to consult your physician and medical advisors before purchasing or using any products or services available through the App.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing the App or content be liable for any direct or indirect, punitive, special or consequential damages, including but not limited to loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including without limitation any damages that result from: (i) any delay, failure, interruption or corruption of the App or any data or information transmitted in connection with the use of the App; (ii) personal injury or death caused by use or misuse of the App; (iii) the cost of procurement of substitute goods and services; (iv) unauthorized access to or alteration of the App or your account, including without limitation your transmissions or data; (v) statements or conduct of any third party; or (vi) any other matter relating to the App. You hereby acknowledge that this paragraph shall apply to all content, products and services available through the Website. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE PRICE YOU PAID US FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF YOUR CLAIM OR FIVE HUNDRED DOLLARS ($500).
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
APPLICABLE LAW; JURISDICTION AND VENUE
We control the App from our offices within the United States. We make no representation that the Content on the App is appropriate, legal or available for use in other locations. If you access the App from outside the United States, you are responsible for compliance with applicable local laws. Any dispute between you and us, and any dispute relating to the App, the goods and services provided through the App, or the Content shall be governed by the laws of the State of Texas, without reference to any conflict of law provisions. You agree that any claim or cause of action arising from or relating to any service provided by Rooted Food, LLC or any information on this website shall be subject to arbitration before a sole arbitrator to be administered by the American Arbitration Association (AAA) with an arbitration hearing to be held in Austin, Texas. You agree to pay all costs associated with filing the arbitration and any arbitration hearing.
GENERAL
These Terms of Use constitute the entire agreement between you and us and govern the use of the App. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
ASSIGNMENT
We may assign these Terms of Use, including your Content and personal information, in the event of any merger, acquisition, change in control or other similar transaction involving us or any of our affiliates.