Terms and Conditions
Last Updated February 19, 2024
These Terms and Conditions (“Terms”) apply to the website located at https://shop.rootwurks.com, or any other of our associated websites (each a “Site”), or when you otherwise interact with us or request services from us, and any content or services provided on or by those websites (collectively the “Sites”). These Terms, which govern your use of the Sites, are a binding legal agreement between you and any entity you represent, on the one hand, and Rootwurks, Inc. (“Rootwurks, Inc.” or “us” or “we” or “our”), on the other hand.
Some of the Sites may have additional terms and conditions that govern your use of those Sites or may require you to enter into a license agreement with us. Any license terms or additional terms associated with a Site or service will become a part of these Terms and, thus, part of your agreement with us. To the extent there is conflict, license terms control, then additional terms, and then these Terms here.
Please read the Terms carefully before you start to use the Site. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
Changes to the Terms
Rootwurks, Inc. reserves the right to modify these Terms in its sole discretion at any time and without prior notice to you. Any changes to these Terms will become effective when we post the revised Terms on our Site. Your continued use of the Site thereafter will constitute agreement with the revised Terms, which supersede prior versions of these Terms. If you do not wish to be bound by any new or modified terms, you must cease all use of the Site. The date on which these Terms were last updated is shown in the “Last Updated” legend.
Accessing and Using the Site
The Site is provided to you as an educational resource so that you may obtain information about or interact with our products and services. You may only access and use the Site for those purposes and not for any unlawful or malicious purpose. If you choose to access the Site, you do so at your own risk and are solely responsible for complying with all applicable laws in your location.
Information about Children
Our websites and services are not directed at children. We do not knowingly collect Personal Data from children under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, unless (a) we have obtained consent from a parent or guardian, (b) such collection is subject to a separate agreement with us or (c) the visit by a child is unsolicited or incidental. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us by using the information at the bottom of this document and we will take steps to delete their Personal Data from our systems.
Privacy
Your privacy is important to us. Our Privacy Notice, which is available here, applies to the Site and is incorporated into these Terms by reference. By accessing and using the Site, you consent to the collection, use, and disclosure of your information as described in our Privacy Notice. If you do not agree to our Privacy Notice, you must not access or use the Site. If you are in a jurisdiction where data collection and processing require consent, by agreeing to these Terms, you are providing your consent to the collection and use of your data in accordance with our Privacy Notice.
Site Access and Termination
We may, in our sole discretion, limit, suspend, or terminate your access to and use of the Site at any time and for any reason, including if we believe that you have violated these Terms or acted inappropriately or in a way that may harm Rootwurks, Inc. or any other user. If your access to the Site is limited, suspended, or terminated, you must not attempt to access or use the Site unless we expressly authorize you to do so in writing. We may also remove or disable any content that you have posted or submitted to the Site without prior notice to you. Please note that we reserve the right to enforce these Terms to the fullest extent of the law, and any violation of these Terms may result in civil and/or criminal liability.
Intellectual Property Rights
Ownership. The Site and all materials provided on or through the Site, including but not limited to software, text, graphics, logos, images, audio, video, and design elements (the “Materials”), are the property of Rootwurks, Inc., its licensors, or other third parties and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks. The trademarks, service marks, and logos used and displayed on the Site are trademarks of Rootwurks, Inc. and its licensors. Nothing in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rootwurks, Inc.'s trademarks or those of its licensors without written permission. All goodwill generated from the use of Rootwurks, Inc.'s trademarks shall inure to its benefit.
Permissible Uses. You agree to use the Site and the Materials solely for your personal use or your business’s internal use. You must not modify, copy, reproduce, republish, upload, post, transmit, or distribute any of the Materials in any way, except that you may download or print one copy of the Materials for your personal, non-commercial use or your business’s internal use, provided you keep intact all copyright and other proprietary notices. If you wish to make any use of the materials on the Site other than that set forth in this Section, please address your request to: product@rootwurks.com
Violation. Unauthorized use of any Materials may violate copyright, trademark, patent, trade secret, and other applicable laws and regulations and may result in civil and criminal penalties.
No Rights. You do not have any ownership rights in any Materials, and you have no right to use any Materials other than as set forth in these Terms and Conditions. Use of any Materials in any manner other than as expressly authorized in these Terms and Conditions, or without the express written permission of Rootwurks, Inc., may violate copyright, trademark, and other laws.
Feedback. Any comments, feedback, suggestions, ideas, or other submissions (collectively, “Feedback”) disclosed, submitted, or offered to Rootwurks, Inc. on or by the Site or otherwise disclosed, submitted, or offered in connection with your use of the Site shall be owned exclusively by Rootwurks, Inc. You agree that unless otherwise prohibited by law, Rootwurks, Inc. may use, sell, disclose, reproduce, license, distribute, and exploit any Feedback in any manner without restriction and without compensation to you.
User Contributions
User Contributions. Users may submit, post, publish, display, or transmit to Rootwurks, Inc. or other users and persons (hereinafter, “Submit”) content or materials (collectively, “User Contributions”) on or in connection with the Site. Any User Contribution you Submit to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you Submit, and you, not Rootwurks, Inc., have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Our Rights. We have the right to:
- Remove or refuse to display or otherwise distribute any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Rootwurks, Inc.
- Disclose your identity or other information about you to any third party who claims that material Submitted by you violates their rights, including their intellectual property rights or their right to privacy.
- Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Submitting any materials on or through the site.
- We do not undertake to review all material before it is Submitted on the Site or distributed by other means, and cannot ensure prompt removal of objectionable material after it has been Submitted or distributed. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Content Standards. All User Contributions and uses of Interactive Services must comply with these content standards set out in these Terms. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, discriminatory, violent, hateful, inflammatory, or otherwise objectionable. This includes, but is not limited to, any content that is pornographic, sexually explicit, or contains excessive violence.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. This includes using content that is not owned or properly licensed by the User Contributor.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Statement. This includes, but is not limited to, posting any personal information of individuals without their explicit consent.
- Be likely to deceive any person. This includes providing false, misleading, or inaccurate information.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act. This includes, but is not limited to, providing instructions on how to commit crimes or evade law enforcement.
- Contain any content that invades the privacy or infringes upon the rights of any individual or entity. This includes, but is not limited to, the unauthorized disclosure of personal or confidential information.
- Be harmful, hateful, or discriminatory in any way towards any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic. This includes, but is not limited to, hate speech, threats, or bullying.
- Violate any applicable laws or regulations. This includes, but is not limited to, content that promotes illegal drugs, weapons, or other illegal activities.
In addition to these Content Standards, please refer to the Content Restrictions in our Acceptable Use Policy for further guidance.
Third-Party Content, Links
Third-Party Content. This Site may include content provided by third parties or links to sites provided by third parties. All statements and opinions expressed in these materials, as well as all articles and responses to questions and other content, other than the content provided by Rootwurks, Inc., are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rootwurks, Inc., and we are not responsible or liable for the content or accuracy of any materials provided by any third parties.
Third-Party Services. Your access to or use of the Site may involve interaction with or use of third-party features, services, websites, information, advertising, products, content, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as third-party social media providers who provide you with a way to hear from us on their platforms ("Third-Party Providers"). These Terms do not address the policies or practices of these Third-Party Providers and do not grant you any rights in or to any services by these Third-Party Providers. Your access to and use of any services by Third-Party Providers are governed by your separate agreement with such Third-Party Providers (including their own terms of service and privacy policies), and not these Terms. You should review the terms of service and privacy policies governing the services by Third-Party Providers before using them, and you are solely responsible for complying with those terms and conditions.
User Submissions. In some instances, comments from users of the Site on our products or services may be posted on or made available through the Site. All statements and/or opinions expressed in these materials and in the materials provided by third parties, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any users or third parties.
Digital Millennium Copyright Act
Copyright Infringement Notices. We respect the intellectual property of others, and we ask visitors to our Site to do the same. If you believe that materials accessible on or from the Site infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent, as designated below, pursuant to the Digital Millennium Copyright Act. We may remove or disable access to materials residing on our Site that is claimed to be infringing, and we have the right to suspend or terminate access to or use of our Site for those who infringe another’s rights. Your notice must provide the following information:
· Physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
· Description of the copyrighted work that you claim has been infringed.
· Description of where the material that you claim is infringing is located on the Site.
· Your address, telephone number, and e-mail address.
· 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.
· 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.
Our Copyright Agent for claims of copyright infringement is:
Att: Rootwurks’ Product Team
13785 Research Blvd., Suite 125
Austin, TX 78750
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the Digital Millennium Copyright Act.
No Warranty
The materials provided on the Site are provided "as is" and without warranty of any kind, express or implied. Our materials may be out of date at any time and your use of the Site and the Content accessed on or through the Site is entirely at your own risk and it is your sole responsibility to evaluate accuracy and completeness. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Contents.
Site Availability Disclaimer. We understand that you rely on the availability of our Site, and we strive to keep it accessible to you. However, we cannot guarantee continuous access or that the Site will be available 24/7. We may discontinue providing the Site at any time without notice, and we reserve the right to limit or suspend your access to the Site without liability or warning if we believe that you are not using the Site in accordance with these Terms or applicable law.
Site Security Disclaimer. We take the security of our Site and your information seriously, but we cannot guarantee that our security measures will be successful at all times. You agree that your use of the Site is at your own risk, and we disclaim any liability for damages or losses arising from loss, disruptions, corruption, cyberattacks, viruses, hacking, or other security issues that may affect the Site or your use of it. It is your responsibility to keep your devices, software, and information secure.
Limitations of Liability
AS PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PROVIDED ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ROOTWURKS, INC., ITS LICENSORS, AFFILIATES, PARTNERS, AGENTS, CONTRACTORS, AND CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITE OR ANY SERVICES PROVIDED. ROOTWURKS, INC. DOES NOT WARRANT THAT THE SITE OR ANY SERVICES PROVIDED WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ROOTWURKS, INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
**UNDER NO CIRCUMSTANCES SHALL ROOTWURKS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR CONTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY SERVICES PROVIDED, REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ROOTWURKS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ROOTWURKS, INC.'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES ARISING UNDER THESE TERMS, YOUR USE OF THE SITE OR SERVICES PROVIDED, EXCEED THE AMOUNT OF ONE HUNDRED US DOLLARS ($100.00).
Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Rootwurks, Inc., its affiliates, partners, agents, contractors, and contributors, and their respective directors, officers, and employees from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to (a) your use of the Site or any services provided; (b) any User Contributions or other content you post, transmit, or otherwise make available through the Site; (c) your violation of these Terms or any law or regulation; (d) your violation of any third party's rights, including intellectual property rights or privacy rights; or (e) any dispute between you and any third party. Rootwurks, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Rootwurks, Inc.'s defense of such claims. You agree not to settle any claim without Rootwurks, Inc.'s prior written consent, which shall not be unreasonably withheld.
Dispute Resolution
Governing Law and Venue. The validity, interpretation, and enforcement of these Terms and any dispute related to the Site or services provided shall be governed by the laws of the State of Texas, without regard to its conflicts of laws principles. The exclusive venue for any action or proceeding arising under these Terms or related to the Site shall be the state or federal courts located in Travis County, Texas, and you and Rootwurks, Inc. hereby consent to the jurisdiction of such courts.
Waiver of Jury Trial. Both you and Rootwurks, Inc. waive any right to a trial by jury in any legal proceeding arising out of or related to these Terms or the Site or any services provided. This waiver shall not apply to the extent that such waiver is not enforceable under applicable law.
Class Action Waiver. Any disputes shall be conducted solely on an individual basis and not on a class, consolidated, or representative basis. You and Rootwurks, Inc. agree that neither party shall initiate or participate in any class action, class arbitration, or other consolidated action or proceeding.
Attorney's Fees. If either party brings any legal action against the other party to enforce these Terms or for damages due to a breach of these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which the prevailing party may be entitled.
Users Outside of United States. If you reside outside of the United States, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and any services provided are made at your own risk and are not meant to be used in any country or jurisdiction where such access or use would be contrary to local law or regulation. Rootwurks, Inc. makes no representation that the Site or any services provided are appropriate, available, or lawful in any particular location or jurisdiction. You are responsible for your own compliance with local laws and regulations.
Miscellaneous
Entire Agreement. These Terms, including any amendments or modifications that may be made from time to time, constitute the entire agreement between you and Rootwurks, Inc. regarding the Site and supersede all prior or contemporaneous agreements, understandings, negotiations, or representations, whether oral or written, between you and Rootwurks, Inc. concerning the Site or any services provided. These Terms may not be modified, amended, or supplemented except by Rootwurks, Inc. as described above.
No Waiver. Rootwurks, Inc.'s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision, nor shall it prevent Rootwurks, Inc. from enforcing that provision in the future.
Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, such provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision, and the remaining provisions shall remain in full force and effect.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms without Rootwurks, Inc.'s prior written consent. Rootwurks, Inc. may freely assign or transfer these Terms, in whole or in part, without restriction.
Third Party Beneficiaries. These Terms are not intended to create any third-party beneficiary rights. No person or entity other than the parties to these Terms shall have any rights hereunder.
Relationship of the Parties. Nothing in the Terms creates any partnership, joint venture, franchise, employment, or other agency relationship between Rootwurks, Inc. and you. You may not enter into any contract on Rootwurks, Inc.’s behalf or bind Rootwurks, Inc. in any way.
Third Party Beneficiaries. These Terms are for the benefit of Rootwurks, Inc. and you only, and only Rootwurks, Inc. and you may enforce them. The Parties do not intend for these Terms to confer any right or benefit on any third party.
Questions or Comments
If you have any questions or comments about these Terms, please contact Rootwurks, Inc. by email at product@rootwurks.com