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Effective Date: November 1, 2025
Last Updated: November 1, 2025
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IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCTS. BY ACCESSING OR USING THIS WEBSITE, CREATING AN ACCOUNT, OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 18. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE OR PURCHASE ANY PRODUCTS.
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1. PARTIES AND SCOPE OF AGREEMENT
These Terms of Use ("Terms," "Agreement," or "Terms of Use") constitute a legally binding agreement between you ("User," "you," or "your") and PPR Associates, Inc., a Florida corporation, together with its subsidiaries, affiliates, and related entities, including but not limited to Rootganic, Inc. (collectively, "Company," "we," "us," or "our").
This Agreement governs your access to and use of all websites owned or operated by the Company, including without limitation www.rootganic.com and www.pelvicpainrelief.com, and any subdomains thereof (collectively, the "Site" or "Website"), as well as any products, services, content, features, technologies, or functions offered on or through the Site (collectively, the "Services").
Corporate Structure Disclosure: PPR Associates, Inc. is the parent company of Rootganic, Inc. References to "Company" throughout these Terms include both entities and any future subsidiaries or affiliates. Any obligations, limitations of liability, indemnifications, waivers, or rights granted to the Company under these Terms shall extend to and benefit PPR Associates, Inc., Rootganic, Inc., and all of their respective officers, directors, employees, agents, contractors, successors, and assigns.
2. ACCEPTANCE OF TERMS
By accessing, browsing, or using the Site in any manner, including but not limited to visiting the Site, creating an account, making a purchase, subscribing to any services, clicking any links, downloading any content, or submitting any information, you expressly acknowledge and agree that:
(a) You have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference;
(b) You consent to the collection, use, and sharing of your information as described in these Terms and our Privacy Policy;
(c) You expressly consent to receive electronic communications from us and to the use of electronic records;
(d) You agree to resolve any disputes with us through binding individual arbitration as set forth in Section 18, and you waive any right to participate in class actions;
(e) You acknowledge that this Agreement affects your legal rights, including your right to file a lawsuit in court.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE AND SERVICES.
3. MODIFICATIONS TO TERMS
The Company reserves the right, at its sole discretion, to modify, amend, or update these Terms at any time without prior notice. Any modifications shall become effective immediately upon posting on the Site. The "Last Updated" date at the top of these Terms indicates when the most recent changes were made. Your continued use of the Site or Services following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any modified terms, you must immediately discontinue your use of the Site and Services.
Notwithstanding the foregoing, any changes to the arbitration provisions set forth in Section 18 shall not apply to disputes for which a party has provided notice to the other party prior to the date of such modification.
4. ELIGIBILITY
The Site and Services are intended solely for users who are at least eighteen (18) years of age. By using the Site or Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity and authority to enter into a binding contract; (c) you are not prohibited from using the Site or Services under any applicable law; (d) all registration information you submit is truthful and accurate; and (e) you will maintain the accuracy of such information. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
5. USER ACCOUNTS
Certain features of the Site require you to create an account. When you create an account, you agree to provide accurate, current, and complete information about yourself. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with this Section.
The Company reserves the right to suspend, terminate, or refuse to create any account at its sole discretion, for any reason or no reason, including but not limited to violation of these Terms, suspected fraudulent activity, or any conduct that the Company believes may harm the Company, other users, or third parties.
6. PRODUCTS AND PURCHASES
6.1 Product Information
We make every effort to display our products and their characteristics as accurately as possible. However, we do not guarantee that the descriptions, images, colors, or other content available on the Site are accurate, complete, reliable, current, or error-free. Products may vary slightly from their images. The Company reserves the right to modify, discontinue, or change product offerings at any time without notice.
6.2 Pricing and Payment
All prices are displayed in U.S. dollars and are subject to change without notice. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product availability, errors in product or pricing information, or suspected fraud. If your order is canceled after your payment has been processed, we will issue a refund to your original payment method.
6.3 Refund Policy
Our refund policy is as follows: Physical products may be returned within thirty (60) days of delivery for a full refund, provided they are unopened and in their original packaging. Opened products are not eligible for return unless defective. Digital products and services are generallyt non-refundable once accessed, unless stipulated otherwose. The Company reserves the right to modify this refund policy at any time.
7. CONSENT TO ELECTRONIC COMMUNICATIONS AND DATA COLLECTION
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IMPORTANT: BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE GIVEN THE CHOICE TO ACCEPT OR REJECT CERTAIN CATEGORIES OF COOKIES AND TRACKING TECHNOLOGIES. DATA IS ONLY COLLECTED BASED ON YOUR CONSENT CHOICES. WE NEVER SELL YOUR DATA.
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7.1 Your Consent Choices
When you first visit our Site, our consent management platform (Consentmo) presents you with clear options to accept or reject different categories of cookies and tracking technologies. You are in control of your data, and we respect your choices. We maintain records of all traffic and consent choices made through our consent management system. No tracking data is collected until and unless you provide your affirmative consent through the cookie consent banner. You may modify your consent preferences at any time through the consent management interface available on our Site.
7.2 Consent to Electronic Communications
By using the Site, creating an account, or making a purchase, you expressly consent to receive electronic communications from us, including but not limited to emails, text messages (if you provide your phone number), push notifications, and other electronic messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7.3 Data Collection Based on Your Consent
If you choose to accept analytics and tracking cookies through our consent management platform, you acknowledge and consent that the Company and its authorized third-party service providers may collect, record, process, and analyze information about your use of the Site, including but not limited to:
(a) Your Internet Protocol (IP) address, browser type, operating system, device identifiers, and device characteristics;
(b) Pages you view, links you click, and the date and time of your visit;
(c) Your browsing behavior, including mouse movements, clicks, scrolls, keystrokes (excluding passwords and payment information), and navigation patterns;
(d) Information you enter into forms, search boxes, and other interactive features;
(e) Referring URLs and the pages you visit before and after visiting our Site;
(f) Other information about your use of and interaction with the Site.
7.4 Third-Party Analytics and Tracking Services (Consent Required)
If you provide consent through our cookie consent mechanism, the Company uses third-party analytics, session replay, and advertising services, including but not limited to:
(a) Microsoft Clarity: A session replay and heatmap tool that records and analyzes user interactions with the Site, including mouse movements, clicks, and scrolling behavior;
(b) Meta Pixel (Facebook Pixel): A tracking tool that collects data about your interactions with the Site and may be used to serve targeted advertisements on Meta platforms and measure advertising effectiveness;
(c) Google Analytics: An analytics service that collects information about how users interact with the Site, including pages visited, time spent on pages, and user demographics;
(d) Other Third-Party Pixels and Tracking Technologies: Additional advertising, analytics, and marketing tools that may collect and process information about your use of the Site.
These third-party services are only activated after you provide consent. We maintain comprehensive records of consent status for all Site visitors.
7.5 We Never Sell Your Data
The Company does not sell, rent, or trade your personal information to third parties for their marketing purposes. Any data collected through tracking technologies with your consent is used solely for improving our Site, enhancing user experience, analytics, and serving relevant advertisements. Your data remains protected and is handled in accordance with our Privacy Policy.
7.6 Consent to Session Recording and Replay (If Accepted)
If you accept analytics cookies, you consent to the recording of your sessions on this Site. This includes the recording of your mouse movements, clicks, scrolls, form inputs (excluding sensitive payment data), and other interactions with the Site. These recordings may be reviewed by the Company and its authorized service providers for purposes including but not limited to improving Site functionality, troubleshooting technical issues, enhancing user experience, fraud prevention, and quality assurance.
7.7 Waiver of Privacy Claims Related to Consented Data Collection
To the fullest extent permitted by applicable law, by providing consent through our consent management platform, you waive any claims, causes of action, or demands arising from or related to the Company's or its authorized third-party service providers' collection, recording, use, or disclosure of information obtained through the tracking technologies to which you consented, including but not limited to any claims under federal or state wiretapping, eavesdropping, electronic surveillance, or invasion of privacy statutes, including without limitation the California Invasion of Privacy Act (California Penal Code §§ 630-638.55), the Federal Wiretap Act (18 U.S.C. § 2511), and any similar federal, state, or local laws. This waiver applies to the extent that such claims are based on data collection activities to which you have affirmatively consented.
8. COOKIES AND CONSENT MANAGEMENT
The Site uses cookies, pixels, web beacons, and similar tracking technologies only with your consent. Our consent management platform (Consentmo) presents you with options to accept or reject certain categories of cookies and tracking technologies when you first visit the Site and allows you to modify your preferences at any time. By selecting "Accept" or similar affirmative consent options through our consent management platform, you provide express, informed consent to the use of the selected tracking technologies as described in these Terms and our Privacy Policy.
Essential cookies that are strictly necessary for the operation of the Site do not require your consent and cannot be disabled. These cookies are necessary for the Site to function and include cookies that enable core functionality such as security, network management, and account access.
9. HEALTH, WELLNESS, AND MEDICAL DISCLAIMERS
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IMPORTANT HEALTH DISCLAIMER: THE PRODUCTS, SERVICES, AND INFORMATION PROVIDED ON THIS SITE ARE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS, AND SHALL NOT BE UNDERSTOOD OR CONSTRUED AS, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER.
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9.1 No Medical Advice
The Company is not a healthcare provider, medical facility, or licensed medical professional. The content available on or through the Site, including without limitation product descriptions, articles, blog posts, testimonials, videos, and any other information or materials (collectively, "Content"), is provided for general informational and educational purposes only. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
9.2 Consult Your Healthcare Provider
You should always consult with a qualified physician, healthcare provider, or other licensed medical professional before starting any diet, exercise, supplementation, or wellness program, before taking any medication or nutritional supplement, or if you have or suspect you might have a health problem. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
9.3 No Guarantees
The Company makes no representations, warranties, or guarantees, express or implied, regarding the safety, efficacy, or suitability of any products sold on the Site or any information provided through the Site. Individual results may vary significantly. Any testimonials, reviews, or success stories shared on the Site represent individual experiences and are not guarantees of similar results. The statements made regarding our products have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease.
9.4 Assumption of Risk
By purchasing or using any products from the Site, you acknowledge and agree that you do so entirely at your own risk. You assume full responsibility for any consequences resulting from your use of our products, including any adverse reactions, interactions with medications, or health complications. You expressly release and discharge the Company from any and all liability arising from your use of our products.
9.5 Allergies and Sensitivities
You are solely responsible for reviewing product ingredients and consulting with your healthcare provider regarding any allergies, sensitivities, or medical conditions you may have. The Company shall not be liable for any allergic reactions or adverse effects resulting from your use of products purchased from the Site.
10. INTELLECTUAL PROPERTY RIGHTS
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation thereof, is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The trademarks, service marks, trade names, and logos used and displayed on the Site are registered and unregistered trademarks of the Company and others. Nothing on the Site should be construed as granting any license or right to use any trademark without the prior written permission of the owner.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Site without the prior written consent of the Company, except that you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
11. USER CONTENT AND LICENSE GRANT
If you submit, post, or transmit any content to the Site, including but not limited to reviews, comments, photographs, videos, or other materials ("User Content"), you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media now known or hereafter developed. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third party's intellectual property rights or any applicable law.
12. PROHIBITED CONDUCT
You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) impersonate any person or entity or misrepresent your affiliation with any person or entity; (c) interfere with or disrupt the Site or servers or networks connected to the Site; (d) attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site; (e) use any robot, spider, scraper, or other automated means to access the Site; (f) collect or store personal data about other users without their consent; (g) transmit any viruses, worms, defects, or other items of a destructive nature; (h) use the Site to send spam or other unsolicited communications; or (i) engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
13. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
14. DISCLAIMER OF WARRANTIES
THE SITE, PRODUCTS, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE INFORMATION PROVIDED ON THE SITE IS ACCURATE, RELIABLE, OR COMPLETE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT COMPANY (PPR ASSOCIATES, INC.), SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
(a) Your access to, use of, or inability to access or use the Site or Services;
(b) Any conduct or content of any third party on the Site;
(c) Any content obtained from the Site;
(d) Unauthorized access, use, or alteration of your transmissions or content;
(e) Any products purchased through the Site;
(f) Any other matter relating to the Site or Services.
IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RELEASED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, PPR Associates, Inc., Rootganic, Inc., and their respective officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site or Services; (c) your violation of any third party's rights, including any intellectual property or privacy rights; (d) your violation of any applicable law, rule, or regulation; (e) any claim that your User Content caused damage to a third party; or (f) any other party's access and use of the Site or Services with your account credentials.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of the Company.
17. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Subject to the arbitration provisions set forth in Section 18 below, any legal suit, action, or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the state courts of Florida, in each case located in Miami-Dade County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
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18.1 Agreement to Arbitrate
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products or services purchased through the Site (collectively, "Disputes"), including the determination of the scope or applicability of this agreement to arbitrate, SHALL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION rather than in court, except that either party may assert individual claims in small claims court if the claims qualify.
18.2 No Class Actions
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then this arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
18.3 Arbitration Rules and Forum
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified mail ("Notice"). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and the Company do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, either party may commence arbitration.
The arbitration shall take place in Miami-Dade County, Florida, United States, unless the parties agree otherwise or the arbitrator determines that such venue would be unduly burdensome for the consumer, in which case the arbitration may be conducted by telephone, online, or based solely on written submissions, as determined by the arbitrator. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
18.4 Arbitrator's Decision
The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may award any relief that would be available in a court of law, provided that the arbitrator shall have no authority to award punitive or exemplary damages except as may be required by statute or to award any damages exceeding the limitations set forth in Section 15 of these Terms. The arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
18.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If you demonstrate that you cannot afford to pay such fees, the Company will pay them for you. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.
18.6 Opt-Out Right
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. If you do not wish to be bound by this arbitration agreement, you must notify the Company in writing within thirty (30) days of the date you first accept these Terms or first purchase a product from the Site, whichever is earlier. Your written notification must be sent to:
Rootganic, Inc.
ATTN: Legal - Arbitration Opt-Out
P.O. Box 1234
Miami, FL 33157
Your opt-out notice must include: (a) your full name; (b) your mailing address; (c) your email address; (d) a statement that you wish to opt out of this arbitration agreement. If you timely opt out, you will not be bound by the arbitration provisions of this Section 18, but all other provisions of these Terms will remain in full force and effect.
18.7 Survival
This arbitration agreement shall survive the termination of your relationship with the Company and your use of the Site or Services.
19. WAIVER OF JURY TRIAL
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL. This jury trial waiver applies to all claims arising out of or relating to these Terms, the Site, any products or services purchased through the Site, or any aspect of the relationship between you and the Company.
20. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: 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, California 95834, or by telephone at (800) 952-5210.
21. TERMINATION
The Company may terminate or suspend your access to all or part of the Site and Services, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of these Terms, any applicable law, or is harmful to the interests of another user, a third party, or the Company. Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, limitations of liability, and the arbitration agreement.
22. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of telecommunications or computer systems.
23. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The failure of either party to exercise any right provided herein shall not be deemed a waiver of any further rights hereunder.
24. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by the Company on the Site, constitute the entire agreement between you and the Company concerning the Site and Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company regarding the Site and Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
25. ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
26. CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us at:
Rootganic, Inc.
A subsidiary of PPR Associates, Inc.
P.O. Box 1234
Miami, FL 33157
United States
Email: support@rootganic.com (ATTN: Legal)
