Last Updated: November 20th, 2018
Welcome to, and thank you for your interest in the Rooted Beauty website! This website,
currently located at www.rootedbeauty.com and extensions, as it may be updated, relocated, or otherwise modified
from time to time (the “Site”), along with the
service available through the Site for the scheduling and delivery of household products to you (the Site and such
service to be collectively referred to as the “Service“), is operated by Rooted Beauty, LLC.. (“Rooted
Beauty,” “us” or
binding contract between you (“you” or
“user”) and Rooted Beauty regarding your use of
ORDER,” OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICE.
PLEASE BE AWARE THAT SECTION 18 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING
HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT
AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION
AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL
ARBITRATION. (1) YOU WILL ONLY BE PERMITTED TO PURSUE
CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO
HAVE A JURY TRIAL ON YOUR CLAIMS.
- Eligibility. You must be at least 18 years of age
to use the Service. By agreeing to the Terms or using the Service, you represent and warrant to us: (i) that you
are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Service; and
(iii) that your registration and your use of the Service is in compliance with any and all applicable laws and
regulations. IF YOU ARE USING THE SERVICE ON BEHALF OF
AN ENTITY, ORGANIZATION, OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ORGANIZATION TO THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH ORGANIZATION.
- User Content.
- User Content Generally. Certain features of the
Service may permit users to post content, including messages, reviews, photos, video, data, text, and other
types of works (collectively called, “User Content”) and to publish User Content on the Service. You retain ownership of copyright and any
other proprietary rights you hold in the User Content that you post to the Service.
- License Grant to Rooted Beauty. By posting User
Content, you grant Rooted Beauty a worldwide, non-exclusive, royalty-free, transferable right and license (with
the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, create derivative works
of, and distribute your User Content, in whole or in part, in any media formats and through any media channels
(now known or hereafter developed). Any such use of your
User Content by Rooted Beauty may be without any compensation paid to you.
- License Grant to Other Users. By posting and
sharing User Content on the Service, you hereby grant each user of the Service a worldwide, non-exclusive
license to access and use such User Content in connection with the Service.
- User Content Representations and Warranties. You
are solely responsible for your User Content and the consequences of posting or publishing User Content. By
posting and publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights,
consents, and permissions to use and to authorize Rooted Beauty and users of the Service to use and distribute,
your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner
contemplated by these Terms.
- Your User Content, and the use thereof as contemplated herein, does not and will
not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent,
trade secret, moral right or any other intellectual property or proprietary right; or (ii) slander, defame,
libel, or violate the right of privacy, publicity or other property rights of any other person.
- User Content Disclaimer. We are under no
obligation to edit or control User Content that you and other users post or publish, and will not be in any way
responsible or liable for User Content. However, Rooted Beauty may at any time, and without prior notice, remove
any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand
that when using the Service you will be exposed to User Content
from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or
- Digital Millennium Copyright Act.
- DMCA Notification. It is Rooted Beauty policy to
terminate membership privileges of any user who repeatedly engages in copyright infringement upon prompt
notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright
owner or an agent thereof, and believe that any content on the Site infringes your copyrights, you may contact
our Designated Agent at the following address:
Attn: Copyright Agent
1301 Sansome Street
San Francisco, CA 94111
Any notice alleging that materials hosted by or distributed through the Service
infringe intellectual property rights must include the following information in writing (see 17 U.S.C §
512(c)(3) or consult your own legal counsel to confirm these requirements): (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(ii) a description of the copyrighted work or other intellectual
property that you claim has been infringed; (iii) a description of the material that you claim is infringing and
where it is located on the Service; (iv) your address, telephone number, and email address; (v) a statement by you
that you have a good faith belief that the use of the materials on the Service of which you are complaining is not
authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information
in your notice is accurate and that, under penalty
of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY
MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY.
- Counter Notification. If the content you
submitted to the Site is removed and you wish to contest such removal, please send to our Designated Copyright
Agent (indicated above) a written notice that includes the following (please consult your legal counsel or see
17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) your physical or electronic signature; (ii)
identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before it was removed or access to it was
disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was
removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal
District Court for the judicial district in which your address is
located, or if your address is outside of the United States, for any judicial district in which Rooted Beauty
may be found, and that you will accept service of process from the person who provided notification under
Section 512(c)(1)(C) or an agent of such person.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY
MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE
SUBJECT TO LIABILITY.
- Prohibited Conduct. BY USING THE SERVICE YOU
AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state,
national, or international law;
- violate, or encourage others to violate, the rights of third parties, including
by infringing or misappropriating third party intellectual property rights;
- post, upload, or distribute any User Content or other content that is unlawful,
defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane,
pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Service, including by: (i)
disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse
engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the
extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the
Service, including by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; or (iii)
attempting to collect, personal information about users or third parties without their consent;
- perform any fraudulent activity including impersonating any person or entity,
claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age
or date of birth; or
- sell or otherwise transfer the access granted herein or any Materials (as defined
in Section 12 below).
- Third Party Services and Linked Websites. Rooted
Beauty may, now or in the future, provide tools through the Service that enable you to export information,
including User Content, from the Service to third party services, including through features that allow you to
link your account on Rooted Beauty with an account on the third party service, such as Twitter or Facebook or
through our implementation of third party buttons (such as
“like” or “share” buttons). By using these tools, you agree that we may transfer such
information to the applicable third party service. Such third party services are not under our control, and we
are not responsible for their use of your exported information. The Service may also contain links to
third-party websites. Such linked websites are not under our control, and we are not responsible for their
- Termination of Use; Discontinuation and Modification of the Service. The Terms commence on the date when you accept them (as described in the preamble above) and
remain in full force and effect while you use any portion of the Service and for so long as you have an account
on the Service, unless terminated earlier in accordance with the Terms. If you violate these Terms, your
permission to use the Service will automatically terminate.
Additionally, Rooted Beauty, in its sole discretion, may terminate your user account on the Service or suspend
or terminate your access to the Service at any time, with or without notice. You understand that any termination
of your account or your access to the Service may involve deletion of your User Content associated therewith
from our live databases. In the event that we terminate your access to the Service, we shall, in our sole
discretion, either fulfill any orders for which you have already
paid or refund you the relevant amounts paid. We also reserve the right to modify the Service at any time
without notice to you. We will have no liability whatsoever on account of any change to the Service and other
than as specified under this Section 9, we will have no liability as a result of any suspension or termination
of your access to or use of the Service. You may terminate your account at any time by contacting customer
service at email@example.com If you terminate your account, you
will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to
- Additional Terms. Your use of the Service is subject
to any additional terms, rules, or guidelines applicable to the Service or certain features of the Service that
we may post and you may accept (the “Additional Terms”), such as end user license agreements for our downloadable applications, if any, subject
to Section 11 below. All such Additional Terms are hereby incorporated
by reference into, and made a part of, the Terms.
- By signing up for our Service, you are expressly consenting to receive text
messages to any mobile number you provide. You agree we may send you such text messages using any
technology, including, without limitation, automatic telephone dialing systems, to remind you about upcoming
orders and for other customer support, Account or Service-related purposes. You also agree that we may
send you text messages to advise you about our offers, products, services,
and/or programs, provided that we will seek your affirmative consent before sending you marketing or
advertising-related text messages using an automatic telephone dialing system. Text messages will only be
sent to the mobile phone number you supply. In some instances, you may have the opportunity to reply to a
message, which may result in additional response messages. Your consent to receive marketing or advertising
messages via an automatic telephone dialing system is not a condition of
purchase. Message and data rates may apply. We do not charge a fee for our text message programs and assume no
responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us.
You may opt out of a text message program at any time by texting STOP to the applicable short code, or as
otherwise stated in the specific terms and conditions for the applicable text message program. You may receive a
final confirmation message to confirm that you will no longer
receive text messages from the applicable text message program unless you opt back into such program. If you
unsubscribe from a text message program, you may continue to receive text messages through any other text
message programs you have joined until you separately unsubscribe from those programs. You acknowledge that our
program platforms may not recognize and respond to unsubscribe requests that do not include the STOP keyword
command and agree that Rooted Beauty and its service providers will
have no liability for failing to honor such requests. Some of our text messaging services have additional terms
and conditions that will apply in addition to the description herein.
- Changes to the Terms. We reserve the right, at
our discretion, to change the Terms on a going forward basis at any time. When changes are made, we will make a
new copy of the Terms available on the Site and will update the “Last Updated” date at the top of
the Terms. In the event that a change to the Terms materially modifies your rights or obligations and you have
registered for an account will us, Rooted Beauty will notify
you via email of the new Terms. Any changes to the Terms will be effective immediately for new users and will be
effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that
any material modifications will be effective for users who have an account with us upon the earlier of thirty
(30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail
notice of such changes. We may require you to provide consent to
the updated Terms in a specified manner before further use of the Site or Service is permitted. If you do not
agree to any change(s) after receiving a notice of such change(s), you will stop using the Site and Service.
OTHERWISE, YOUR CONTINUED USE OF THE SITE OR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). Please check
the Terms regularly for changes.
- Ownership; Proprietary Rights. The Service is owned
and operated by Rooted Beauty. The visual interfaces, graphics, design, compilation, information, computer code
(including source code or object code), products, software, services, and all other elements of the Service
provided by Rooted Beauty (the “Materials”)
are protected by all relevant intellectual property and
proprietary rights and applicable laws. Except for any User Content, all Materials contained in the Service are
the property of Rooted Beauty or our third-party licensors. Subject to these Terms, Rooted Beauty grants you a
limited license to reproduce portions of the Materials for the sole purpose of using the Service for your
personal or internal business purposes. Except for this limited license, nothing herein shall be interpreted to
grant you any right or license under any intellectual property
rights of Rooted Beauty or any of its affiliates or partners.
- Indemnity. You agree that you will be personally
responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Rooted Beauty and
its officers, directors, employees, consultants, partners, licensors, affiliates, subsidiaries and agents
(collectively, the “Rooted Beauty Entities”)
from and against any and all claims, liabilities, damages, losses
and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way
connected with: (i) your misuse of the Service; (ii) your violation of the Terms or any representation,
warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any
third party right, including without limitation any intellectual property right, publicity, confidentiality,
property or privacy right; or (iv) any disputes or issues between you
and any third party. 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 in such case, you agree to cooperate with our
defense of such claim. You agree that the provisions in this section will survive any termination of your
account, the Terms or your access to the Service.
- Disclaimer of Warranties.
- Rooted Beauty cannot and does not represent or
warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access
(including third-party hackers or denial of service attacks), or otherwise meet your requirements.
- THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER
CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE "SITE
CONTENTS") ARE PROVIDED BY ROOTED BEAUTY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. ROOTED BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE
ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM ROOTED BEAUTY ARE FREE OF MALWARE OR
OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL
EXTENT PERMITTED BY LAW, ROOTED BEAUTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
SERVICE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
- CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS
AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
- ROOTED BEAUTY DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT,
ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SERIVCE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS
PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND
UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND
THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER
DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE
LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- SECTIONS 14(a) AND 14(b), DO NOT AFFECT IN ANY WAY OUR RETURN OR REFUND POLICIES
FOR GOODS PURCHASED VIA THE SERVICE. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE
SERVICE, PLEASE RETURN IN IN ACCORDANCE WITH OUR RETURN AND REFUND POLICIES DESCRIBED IN SECTION 4(g).
- Limitation of Liability.
- IN NO EVENT WILL THE ROOTED BEAUTY ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE
THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT THE ROOTED BEAUTY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE ROOTED
BEAUTY ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR ANY OTHER
INTERACTIONS WITH ROOTED BEAUTY IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ROOTED BEAUTY FOR
ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO
THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE
ROOTED BEAUTY ENTITIES SHALL NOT BE LIABLE FOR ANY LOSSES
OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR
USE OF OR INABILITY TO USE THE SERVICE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT
OF ROOTED BEAUTY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.EACH PROVISION OF THESE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR
EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND ROOTED BEAUTY. THIS ALLOCATION
IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
ROOTED BEAUTY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL
- IF YOU ARE DISSATISFIED WITH THE PRODUCTS DELIVERED THROUGH THE DELIVERY SERVICE,
YOUR SOLE RECOURSES ARE OUR RETURN AND REFUND POLICIES, WHICH ARE SET FORTH IN SECTION 4(g) ABOVE, AND ANY
WARRANTY OFFERED BY THE RELEVANT MANUFACTURER.
- Governing Law. THESE TERMS AND ANY ACTION RELATED
TO THESE TERMS SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT
WITH THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. To the extent that any lawsuit or
court proceeding is permitted hereunder, you and Rooted
Beauty agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located
within San Francisco, California for the purpose of litigating all such disputes.
- General. The Terms, together with any other
agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and
agreement between you and Rooted Beauty regarding your use of and access to the Service. You may not assign or
transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our
prior written consent. We may assign the Terms at any time without
notice. The failure to require performance of any provision shall not affect our right to require performance at
any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any
subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for
convenience only and shall not have any impact on the interpretation of particular provisions. We will not be
liable for any delay or failure to perform resulting from causes
outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos,
acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation
facilities, fuel, energy, labor or materials. In the event that any part of the Terms is held to be invalid or
unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining
parts will remain in full force and effect. Upon termination of the
Terms, any provision which, by its nature or express terms should survive, will survive such termination or
expiration, including, but not limited to Sections 2, 4, 5 and 9 through 24.
- Arbitration Agreement. Please read the following arbitration agreement in this Section (“Arbitration
Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you
can seek relief from us.
- Applicability of Arbitration Agreement. You agree that
any dispute or claim relating in any way to these Terms, your access to or use of the Service, any products sold
or distributed through the Service, Rooted Beauty advertising, communications you receive from Rooted Beauty, or
any aspect of your consumer relationship with Rooted Beauty, will be resolved by binding arbitration, rather
than in court, except that (1) you and we may assert
claims in small claims court if your claims qualify; and (2) you or Rooted Beauty may seek equitable relief in
court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain
names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to
all covered claims that arose or were asserted before the effective date of these Terms or any prior version of
- Arbitration Rules and Forum. The Federal Arbitration
Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration
proceeding, you must send a letter requesting arbitration and describing your claim to us at the following
address: 1301 Sansome St, San Francisco, CA 94111. The arbitration will be conducted by JAMS, an established
alternative dispute resolution provider. Disputes involving claims and
counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to
JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at
http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most
current version of the Comprehensive Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at
www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will
select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In
addition, Rooted Beauty will reimburse all such JAMS’s filing, administrative, hearing and/or other fees
for claims totaling less than $10,000 unless the arbitrator
determines the claims are frivolous.
Any judgment on the award rendered by the arbitrator may be entered in any court of
- Authority of Arbitrator. The arbitrator shall have
exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve
any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration
Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or
voidable. The arbitration will decide the rights and liabilities,
if any, of you and Rooted Beauty. The arbitration proceeding will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules,
and these Terms (including the Arbitration Agreement). The
arbitrator shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has
the same authority to award relief on an individual basis that a judge in a court of law would have. The award
of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND ROOTED BEAUTY HEREBY
WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Rooted Beauty are instead electing that all covered claims and disputes shall be resolved by arbitration
under this Arbitration Agreement, except as specified in Section 18(a) above. An arbitrator can award on an
individual basis the same damages and relief as a court and must
follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of
an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is
issued stating that applicable law precludes enforcement of any
of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the
arbitration and brought into the State or Federal Courts located in the State of California. All other claims
shall be arbitrated.
- Severability. Except as provided in subsection 18(e),
if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then
such specific part or parts shall be of no force and effect and shall be severed and the remainder of the
Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will
survive the termination of your relationship with Rooted Beauty.
- Modification. Notwithstanding any provision in this
Agreement to the contrary, we agree that if Rooted Beauty makes any future material change to this Arbitration
Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing
Rooted Beauty at the following address: 1301 Sansome St. San Francisco, CA 94111.
- Electronic Communications. The communications between
you and Rooted Beauty use electronic means, whether you visit the Site or send us e-mails, or whether we post
notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive
communications from Rooted Beauty in an electronic form; and (2) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Rooted
Beauty provides to you electronically satisfy any legal requirement that such communications would satisfy if it
were to be in writing. The foregoing does not affect your statutory rights
- Notice. Where we require that you provide an
e-mail address, you are responsible for providing us with your most current e-mail address. In the event that
the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you
any notices required/ permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice. You may give notice to Rooted
Beauty at the following address: 1301 Sansome St. San Francisco, CA 94111. Such notice shall be deemed given
received by us by letter delivered by nationally recognized overnight delivery service or first class postage
prepaid mail at the above address.
- Consumer Complaints. In accordance with
California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- International Users. The Service is controlled and
offered by Rooted Beauty from its facilities in San Francisco, California. We make no representations that the
Service is appropriate or available for use in other locations. Those who access or use our Service from other
countries do so at their own volition and are responsible for compliance with local law.
- Contact Information. If you have any questions,
complaints, or claims regarding Rooted Beauty, or the Terms please contact us at