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, accessing our website at rootedvitality.health, 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; (c) you will comply with all applicable federal, state, and local laws; and (d) all information you provide is accurate, current, and complete.
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 will 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
- 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.
2.2 Educational Purpose Only
IMPORTANT DISCLAIMER:
All 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 professional 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.
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.
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
- 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.
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
- 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, 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
- 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 professional practices, services, pricing, scheduling, and client relationships.
5.2 Practitioner Responsibility
Each Practitioner is solely responsible for:
- 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 clients
- All tax obligations and reporting requirements
- 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.
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.
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.
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. 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.
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 at legal@rootedvitality.health with detailed information about the alleged infringement, including: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement of good faith belief; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
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.
7.3 User Feedback and Surveys
We may collect feedback, reviews, ratings, and survey responses from users. 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.
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.
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
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; (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.
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.
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.
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.
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 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. YOUR SOLE REMEDY FOR ANY DISPUTE WITH A PRACTITIONER IS TO CEASE USING THAT PRACTITIONER'S SERVICES AND TO PURSUE ANY AVAILABLE REMEDIES DIRECTLY AGAINST THE PRACTITIONER.
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
- 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
- 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
- Each party shall bear its own costs and attorneys' fees unless the arbitrator awards fees to the prevailing party
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 Utah County, Utah, and you consent to personal jurisdiction and venue in such courts.
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; or (e) extended periods of inactivity.
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.
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.
15. Contact Information
If you have any questions, concerns, or complaints regarding these Terms or our platform, please contact us at:
Rooted Vitality, Inc.
[Physical Street Address]
[City, State ZIP Code]
Email: support@rootedvitality.health
Phone: [Phone Number]
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.