IMPORTANT - PLEASE READ CAREFULLY

These Terms of Use ("Terms") constitute a legally binding agreement between you and Rooted Vitality, Inc. ("Rooted Vitality," "we," "us," or "our"). By accessing or using our platform, website, services, or any related content, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR PLATFORM.

1. Acceptance and Scope of Terms

1.1 Agreement to Terms

By creating an account, using our mobile application, or engaging with any services provided by Rooted Vitality, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity to enter into a binding contract and you agree to these terms and conditions; (c) you will comply with all applicable federal, state, and local laws that relate to your account or receipt of services; and (d) all information you provide is accurate, current, and complete. By visiting our site and remaining on it for information or other services, you also consent and agree to be bound by these terms and conditions.

1.2 Modifications to Terms

Rooted Vitality reserves the right to modify, amend, or update these Terms at any time and in our sole discretion. We may provide notice of material changes by:

• Posting the revised Terms on our platform with an updated "Last Updated" date;
• Sending notification via email to the address associated with your account at least thirty (30) calendar days prior to the effective date of changes; or
• Displaying a prominent notice on our platform homepage.

Your continued use of the platform after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the platform immediately.

1.3 Additional Terms

Certain features, services, or areas of our platform may be subject to additional terms and conditions, which will be presented to you at the time of use. Such additional terms are incorporated by reference into these Terms.

2. About Rooted Vitality

2.1 Platform Description

Rooted Vitality operates an online and community-based platform that connects holistic health practitioners with consumers seeking natural wellness resources. Our services include marketing support for practitioners, educational content, directory listings, and community networking facilitation. Our platform does not provide any health services.

2.2 Educational Purpose Only

IMPORTANT DISCLAIMER:

All services, content, practitioner listings, articles, videos, courses, and materials available through Rooted Vitality are provided for educational and informational purposes only. Rooted Vitality does not provide medical advice, diagnosis, treatment, or healthcare services. The information on our platform is not intended to replace consultation with qualified healthcare professionals. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information you have accessed through our platform.

2.3 Not a Healthcare Provider

Rooted Vitality is not a healthcare provider, medical practice, wellness clinic, or treatment facility. We do not diagnose, treat, cure, or prevent any disease or medical condition. We are a technology platform that facilitates connections between independent practitioners and consumers based on information you provide.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our platform, you must create an account by providing accurate, current, and complete information as required by our registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Practitioner accounts require a criminal background check be performed before the account can be approved. All background checks are performed through a third-party service which requires that the Practitioner provide certain information. Such information is not collected or stored by Rooted Vitality and is governed by the terms and conditions and privacy policy of the background check provider. You agree that Rooted Vitality is not responsible in any way for the accuracy, security, or effectiveness of any of the services provided by such criminal background check service provider.

3.2 Account Security

You agree to:

• Immediately notify Rooted Vitality of any unauthorized use of your account or any other breach of security;
• Ensure that you log out from your account at the end of each session;
• Use a strong, unique password that is not used for other online accounts; and
• Accept full responsibility for all activities conducted through your account, whether authorized or unauthorized.

3.3 Account Termination

Rooted Vitality reserves the right to suspend, disable, or terminate your account at any time, with or without cause, and with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or acted in a manner that is harmful to other users or our platform. You may terminate your account at any time by contacting us at support@rootedvitality.health. In addition, we may terminate any account if we determine it is necessary to do so in our sole discretion to enable us to better perform any business operation or service, consolidate or conserve resources, or close the platform. There is no ongoing right or license to access or use your account.

4. Acceptable Use and Prohibited Conduct

4.1 Acceptable Use

You agree to use the platform only for lawful purposes and in accordance with these Terms. You are responsible for your conduct while using our platform and for any content you post, upload, or transmit.

4.2 Prohibited Activities

You expressly agree not to:

• Violate any applicable federal, state, local, or international law or regulation that applies to your account or receipt of any services;
• Infringe upon or violate the intellectual property rights or privacy rights of any third party;
• Upload or transmit viruses, malware, or any other malicious code that may damage or interfere with the platform;
• Engage in unauthorized access, hacking, or attempts to circumvent security measures;
• Harass, threaten, abuse, or harm other users or practitioners;
• Post or transmit sexually explicit, obscene, offensive, inappropriate, unrelated, or discriminatory content;
• Impersonate any person or entity or falsely represent your affiliation with any person or entity;
• Use automated systems (bots, scrapers, crawlers) to access the platform without our express written permission;
• Collect or harvest personal information about other users without their consent; or
• Use the platform for any commercial purpose not expressly authorized by Rooted Vitality;

5. Independent Practitioner Services

5.1 Independent Contractor Status

All holistic health practitioners, wellness professionals, coaches, and service providers (collectively, "Practitioners") listed on the Rooted Vitality platform are independent contractors. They are not employees, partners, joint venturers, or agents of Rooted Vitality. Each Practitioner operates their own independent business and is solely responsible for their practices, services, pricing, scheduling, and client relationships.

5.2 Practitioner Responsibility

While Rooted Vitality strives to only list qualified and reputable Practitioners, Rooted Vitality does not extensively audit, monitor, or control each Practitioner. Thus, each Practitioner is solely responsible for the following items that may apply to them that we cannot actively monitor or control at all times:

• Maintaining all required professional licenses, certifications, and credentials;
• Carrying appropriate professional liability insurance;
• Complying with all applicable federal, state, and local laws and regulations governing their profession;
• The quality, safety, and appropriateness of services provided to their clients;
• All tax obligations and reporting requirements; and
• Obtaining informed consent from clients prior to providing services.

5.3 No Endorsement or Recommendation

The inclusion of a Practitioner in our directory does not constitute an endorsement, recommendation, guarantee, or warranty by Rooted Vitality regarding the quality, competence, credentials, or appropriateness of such Practitioner's services. We do not verify, monitor, or control the services provided by Practitioners. Users are solely responsible for evaluating and selecting Practitioners and for determining whether a Practitioner's services are appropriate for their individual needs. In addition, Rooted Vitality cannot warrant or guarantee that you will find any success, help, improvement, or other health outcome associated with your situation. Rooted Vitality does not act as a Practitioner or provide health services, and thus you must be responsible for monitoring your own health progress and consulting with qualified health professionals. We typically recommend gaining as much information as possible about options for you and your health, and not just relying on only one Practitioner or treatment as health is a comprehensive and multi-faceted array of interconnected systems, issues, and causes.

5.4 Direct Relationship

Any agreement for services, payment arrangements, cancellation policies, and other terms are established directly between you and the Practitioner. Rooted Vitality is not a party to such agreements and has no control over the conduct of Practitioners or users, the performance of services, or the resolution of disputes between Practitioners and users. However, please inform us of any positive or negative experiences with a Practitioner so that we can determine if they are qualified to remain on the platform.

6. Intellectual Property Rights

6.1 Rooted Vitality Intellectual Property

All intellectual property rights in and to the Rooted Vitality platform, including but not limited to trademarks, service marks, trade names, logos, domain names, website design, text, graphics, images, software, code, audio, video, and other content (collectively, "Rooted Vitality Content"), are the exclusive property of Rooted Vitality, Inc. and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License to Users

Subject to your compliance with these Terms, Rooted Vitality grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the platform and Rooted Vitality Content solely for your personal, non-commercial use. This license does not include any right to: (a) reproduce, modify, distribute, display, or create derivative works from Rooted Vitality Content; (b) use any data mining, robots, or similar data gathering or extraction methods; (c) download (other than page caching) any portion of the platform except as expressly permitted; or (d) use the platform for any commercial purpose. If you are a Practitioner that has a paid account, you are granted the same above license with a right to list that you are a Rooted Vitality member in your commercial pursuits. This limited license does not allow you to use the Rooted Vitality name or content for other purposes except those expressly authorized as part of your paid account.

6.3 Trademark Notice

"Rooted Vitality," the Rooted Vitality logo, and other marks used on our platform are trademarks or registered trademarks of Rooted Vitality, Inc. You may not use these trademarks without our prior written permission, which includes permission granted to Practitioners with paid accounts in Section 6.2. All other trademarks, service marks, and trade names that appear on the platform are the property of their respective owners.

6.4 User-Generated Content

If you submit, post, or upload any content to our platform (including reviews, comments, testimonials, photos, or other materials), you grant Rooted Vitality a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media format and through any channels, for purposes of operating, promoting, and improving our platform.

You represent and warrant that you own or have the necessary rights to grant this license and that your content does not violate any third-party rights or applicable laws. You agree to indemnify and hold Rooted Vitality harmless from any and all claims that may arise as a result of your content.

6.5 Copyright Infringement Claims

Rooted Vitality respects the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please contact us.

Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the platform infringes your copyright, you must send a notice of claimed infringement to Rooted Vitality's Copyright Agent at the following address:

Rooted Vitality
c/o Copyright Agent
2122 E Old Wellington Rd
Price Utah 84501
Email: support@rootedvitality.health
Phone: +1 (502)-390-7668

Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Rooted Vitality and that it include each of the following elements:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Information to contact you, including your name, address, telephone number and, if available, your email address.
• A description of each work claimed to have been infringed, including any relevant information about the infringing activity.
• A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the platform, or, if the infringing information is located on another website linked to through the platform, information about the location of the link or reference on the platform, where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Rooted Vitality does not permit copyright infringing activities and infringement of intellectual property rights on the platform and Rooted Vitality will remove the infringing content if properly notified of infringement. Rooted Vitality reserves the right to remove any and all content and user submissions without prior notice.

Counter-Notice: If you believe that your submitted content that was removed, or to which access was disabled, is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Rooted Vitality's Copyright Agent:

• A physical or electronic signature.
• 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.
• 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.
• Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Rooted Vitality's Copyright Agent, Rooted Vitality may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Rooted Vitality will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Rooted Vitality's sole discretion. Nothing contained herein obligates Rooted Vitality to restore any content.

7. Privacy and Data Protection

7.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our platform, you consent to the collection and use of information as described in our Privacy Policy.

7.2 Data Security Practices

Rooted Vitality maintains data protection and confidentiality practices modeled after industry-standard privacy safeguards, including technical and administrative measures designed to protect personal information from unauthorized access, use, or disclosure. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security of your data. Some data is collected by third parties, such as payment information, and all payment information is subject to the terms and conditions and privacy policies of our payment provider, which is currently Stripe. For other information, such information is subject to the terms and conditions of any applicable third party that manages the information, more of which is detailed in the Privacy Policy. By submitting any payment information, you are agreeing to Stripe's terms and conditions and privacy policies, and you are subject to their data security practices. You agree to look solely to Stripe or other third parties that manage any data you submit if they have a breach or security incident, and you agree to release and waive claims against Rooted Vitality for data breaches or security incidents on any third party applications or platforms that are due to reasons beyond the control of Rooted Vitality. While we strive to use reputable providers, Rooted Vitality does not warrant or guarantee that a third party will not have issues with data security.

7.3 User Feedback and Surveys

We may collect feedback, reviews, ratings, and survey responses from users as part of our efforts to develop and improve our services and business. If feedback sought is identified as being anonymous, then all such feedback will be collected and stored in a manner that preserves anonymity where possible and will be used only in anonymized, aggregated form for quality improvement, research, and educational purposes. We will not publicly disclose individually identifiable feedback without your express consent, unless you submit items to us that are intended to be shared publicly, such as a public review of our services.

8. Fees, Payments, and Subscriptions

8.1 Platform Access Fees

Access to certain features, services, or content on the Rooted Vitality platform may require payment of fees. All fees are stated in United States Dollars (USD) and are subject to change upon thirty (30) calendar days' prior notice. Current pricing information is available on our website.

For Practitioner accounts, we require a criminal background check in order to finalize an account. If you successfully pass the background check and pay the account subscription fee, you will have no additional charge for the background check. However, if you initiate a criminal background check through our system, and you do not pass the background check or you fail to pay the initial subscription for any reason, then you agree to pay the cost of the criminal background check.

8.2 Subscription Services

If you purchase a subscription to our platform:

• Subscriptions automatically renew at the end of each billing period, monthly or annually, unless cancelled prior to the renewal date;
• You authorize us to charge your payment method on file for the renewal amount;
• You may cancel your subscription at any time through your account settings or by contacting customer support;
• Cancellations take effect at the end of the current billing period; no refunds or prorations are provided for partial billing periods; and
• We may terminate access to your account if your subscription is unpaid for any reason.

8.3 Payment Methods and Processing

We accept payment via credit card, debit card, or other payment methods as indicated on our platform. Payment processing is handled by third-party payment processors. You agree to provide accurate and complete payment information and to promptly update your account with any changes. You are responsible for all charges incurred under your account, including applicable taxes.

8.4 Late Payment and Collection

If any payment is not received by the due date, we reserve the right to: (a) suspend or terminate your access to paid features or to your full account; (b) charge a late fee of one and one-half percent (1.5%) per month, eighteen percent (18%) annual percentage rate, on any outstanding balance; and (c) pursue collection of any amounts owed, including reasonable attorneys' fees and collection costs. We are not required to keep your account and may delete it and any accompanying data, but if we still have your account and you want to restore access, we may require that you pay all fees and interest accrued through the restore point prior to granting access again.

8.5 Practitioner Service Fees

Fees charged by individual Practitioners for their services are established solely by the Practitioner and are paid directly to the Practitioner. Rooted Vitality does not process, collect, or receive payment for Practitioner services unless otherwise agreed in writing. Any disputes regarding Practitioner fees must be resolved directly with the Practitioner.

9. Disclaimers and Warranties

9.1 No Medical Advice or Treatment

THE ROOTED VITALITY PLATFORM, ALL CONTENT, AND ALL SERVICES ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. NOTHING ON OUR PLATFORM CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PROFESSIONAL HEALTHCARE SERVICES. WE DO NOT MAKE ANY CLAIMS TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD ALWAYS CONSULT WITH QUALIFIED HEALTHCARE PROFESSIONALS REGARDING ANY MEDICAL CONCERNS.

9.2 Platform Provided "As Is"

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES 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 LAW, ROOTED VITALITY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.3 No Guarantee of Accuracy

While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content on our platform. Information may become outdated, and we have no obligation to update content. You use all information at your own risk. Health is always learning new things and updating old guidance, and so you agree to research any information to ensure it is based on the most up-to-date knowledge in the health community.

9.4 No Guarantee of Results

We make no guarantees regarding the results you may achieve from using our platform or from services provided by Practitioners. Individual results may vary, and outcomes depend on numerous factors beyond our control. Any stories, testimonials, experiences, or information conveyed on the platform or on any Practitioner sites should be construed as individual experiences only that do not indicate what will happen for you. Health is a very personal journey, and you should not rely on the experiences of others to replace the judgment of healthcare professionals who have had an opportunity to consider you and your personal situation.

9.5 Third-Party Content and Links

Our platform may contain links to third-party websites, applications, or resources that are not owned or controlled by Rooted Vitality. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content or services. For services that they provide, you will be subject to their terms and conditions and privacy policy, so please ensure that you are familiar with each of their policies.

10. Limitation of Liability

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROOTED VITALITY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE OF THE PLATFORM, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, OUR SERVICES, OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ROOTED VITALITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

10.3 Practitioner Liability

ROOTED VITALITY SHALL NOT BE LIABLE FOR ANY ACTS, OMISSIONS, ERRORS, NEGLIGENCE, MISCONDUCT, OR REPRESENTATIONS OF PRACTITIONERS OR FOR ANY INJURY, ILLNESS, ADVERSE REACTION, OR OTHER HARM RESULTING FROM SERVICES PROVIDED BY PRACTITIONERS, AND YOU AGREE TO WAIVE ALL CLAIMS AGAINST ROOTED VITALITY THAT ARE ASSOCIATED WITH PRACTITIONER MISCONDUCT. THESE TERMS DO NOT IMPACT YOUR ABILITY TO PURSUE ANY AVAILABLE REMEDIES DIRECTLY AGAINST A PRACTITIONER OR TO CEASE USING A PRACTITIONER'S SERVICES.

10.4 State-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above limitations and exclusions may not apply to you, and our liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Rooted Vitality, Inc., its officers, directors, shareholders, employees, agents, contractors, partners, and suppliers (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, settlements, judgments, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or related to:

• Your use of or inability to use the platform;
• Your violation of these Terms or any applicable law or regulation that is associated with our services or the platform;
• Your violation of any rights of a third party, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the platform;
• Any interactions or disputes with Practitioners or other users; and
• Any harm, injury, or adverse outcome arising from services provided by Practitioners.

This indemnification obligation shall survive the termination of these Terms and your use of the platform. Rooted Vitality reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of the platform shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

12.2 Mandatory Arbitration Agreement

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

You and Rooted Vitality agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the platform, or our relationship, collectively "Disputes," shall be resolved through binding arbitration rather than in court, except that either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

12.3 Arbitration Procedures

Arbitration shall be conducted in accordance with the following terms:

• The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules;
• The arbitration shall take place in Utah County, Utah, or at such other location as the parties may mutually agree;
• The arbitrator's decision shall be final and binding on both parties;
• Judgment on the arbitration award may be entered in any court having jurisdiction; and
• Each party shall bear its own costs and attorneys' fees unless the arbitrator awards reasonable attorney's fees and costs to the prevailing party, which the arbitrator is authorized to do in any case where the non-prevailing party did not have a substantial justification based on these terms or existing law to pursue the claim to a final arbitration decision. Additionally, the arbitrator shall award reasonable attorney's fees and costs to a non-prevailing party who offered to pay a lump sum payment within two weeks of the settlement offer date if the prevailing party does not achieve an amount in an arbitral award that exceeds the settlement offer by at least ten percent. Such amounts shall be for reasonable attorney's fees and costs that arose after the offered settlement payment date.

12.4 Class Action Waiver

YOU AND ROOTED VITALITY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

12.5 Informal Dispute Resolution

Prior to initiating arbitration, you agree to first contact us at support@rootedvitality.health and attempt to resolve the dispute informally for at least thirty (30) calendar days. If the dispute cannot be resolved informally, either party may commence arbitration proceedings.

12.6 Venue and Jurisdiction

To the extent that arbitration does not apply or is found unenforceable, you agree that any judicial proceeding shall be brought exclusively in the federal or state courts located in or serving Utah County, Utah, and you consent to personal jurisdiction and venue in such courts.

12.7 Jury Trial Waiver

By agreeing to arbitration and these terms and conditions, you acknowledge and agree that you waive the right to a trial by jury, even if a proceeding ends up in court for any reason.

13. Termination and Suspension

13.1 Termination by Rooted Vitality

Rooted Vitality reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the platform, with or without cause, with or without notice, and with immediate effect. Grounds for termination may include, but are not limited to: (a) violations of these Terms; (b) fraudulent, abusive, or illegal activity; (c) failure to pay fees when due; (d) conduct harmful to other users, Practitioners, or our business; (e) extended periods of inactivity; or (f) other situations that, in our sole discretion, justify terminating or suspending your access, including without limitation business decisions necessary to allow the company to navigate any financial, legal, political, economic, or societal situations that arise.

13.2 Termination by User

You may terminate your account at any time by contacting us at support@rootedvitality.health or through your account settings. Upon termination, your right to access and use the platform will immediately cease.

13.3 Effect of Termination

Upon termination: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the platform; (c) we may delete your account and all associated data without liability; and (d) no refunds will be provided for any unused portion of paid services, except as required by law. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Rooted Vitality regarding your use of the platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral. If you need any modifications to these Terms, such modifications must be made in an express written agreement signed by the President or CEO of Rooted Vitality and which written agreement expressly references these Terms and this Section 14.1 of the Terms.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

14.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by an authorized representative of Rooted Vitality.

14.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted assignment in violation of this section shall be void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

14.5 Force Majeure

Rooted Vitality shall 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, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.6 Electronic Communications

By using the platform, you consent to receive electronic communications from us, including emails, notifications, and posted notices on the platform. 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.

14.7 No Agency Relationship

No agency, partnership, joint venture, or employment relationship is created between you and Rooted Vitality as a result of these Terms or your use of the platform. You do not have any authority to bind Rooted Vitality in any manner whatsoever.

14.8 Headings

The section headings used in these Terms are for convenience only and shall not be given any legal import or affect the interpretation of any provision.

14.9 Survival

The following provisions shall survive termination of these Terms: intellectual property rights, disclaimers, limitations of liability, indemnification obligations, dispute resolution provisions, and any other provisions that by their nature should survive.

14.10 Other Applicable Laws

The laws of some States, cities, or other jurisdictions may grant rights or impose obligations in addition to those listed in these Terms. We express our intent to comply with all laws and legal obligations, and so to the extent that these Terms conflict with a law, regulation, or legal obligation, the more stringent requirement shall apply. Rooted Vitality will comply with all laws, regulations, and legal obligations, and you may bring any such laws, regulations, or legal obligations to our attention if you believe that your jurisdiction grants rights or imposes obligations that conflict with any provisions herein.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or our platform, please contact us at:

Rooted Vitality, Inc.
2122 E Old Wellington Rd
Price Utah 84501
Email: support@rootedvitality.health
Phone: +1 (502)-390-7668

Acknowledgment of Terms

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.