TERMS OF SERVICE

Please read these terms of service very carefully before registering for the Roots Man Ways web site and Service. These terms of service (“Agreement”) govern you accessing content and using rootsmanways.com and its affiliate’s websites and mobile applications. This Agreement between you (“you”) and Roots Man Ways, is subject to change as described below.

The Agreement set forth below governs your use of this site on the World Wide Web. These terms are a legal contract between you and Roots Man Ways (“we” or “us”) and govern your access to, and use of the Roots Man Ways website located at rootsmanways.com (the “Site”), the services provided on this site. If you do not agree with any of these terms, please do not access or otherwise use this site and/or the services, or any information contained on the site. Your use of this site and/or the services on this site shall be deemed to be your agreement to abide by each of the terms set forth below. Roots Man Ways can change these terms at any time without notice by posting updated terms of use on the site. Your continued use of the site after such changes have been posted means that you agree to the new terms, even if you have not reviewed the changes. Therefore, you should check the terms of use posted on the site periodically for updates and changes.

GENERAL USE TERMS

This web site and any mobile application (collectively the “Site”) is owned and operated by Roots Man Ways, (referred to as “Roots Man Ways” herein). The Site and its content (“Content”) and the Roots Man Ways service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Roots Man Ways or the copyright owner to the fullest extent allowed by law.

You acknowledge and agree that Roots Man Ways may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Roots Man Ways sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Roots Man Ways when you stop using the Services. You acknowledge and agree that if Roots Man Ways disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which are contained in your account.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Roots Man Ways unless you have been specifically allowed to do so in a separate agreement with Roots Man Ways. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Roots Man Ways, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Roots Man Ways has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Roots Man Ways may suffer) of any such breach.
Roots Man Ways does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services and any action you take upon the information on this website is strictly at your own risk, and we will not be liable for any losses and damages in connection with the use of our website.

Roots Man Ways reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.

While Roots Man Ways uses reasonable efforts to include accurate and up-to-date information on the Site, Roots Man Ways makes no warranties or representations as to its accuracy. Roots Man Ways assumes no liability or responsibility for any errors or representations in the Content or this Site.

The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Roots Man Ways is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Roots Man Ways shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Roots Man Ways has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

If you post content or submit material unless such content or material submittal is subject to separate terms and conditions, Roots Man Ways shall own such content and material and you hereby assign any rights in such content and material to Roots Man Ways. In the event ownership in the content or material cannot be granted to Roots Man Ways, you grant Roots Man Ways and its affiliates a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Roots Man Ways, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify, and hold Roots Man Ways and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

At your discretion, you may provide feedback to Roots Man Ways concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any Feedback, you hereby assign the ownership in all Feedback to Roots Man Ways. In the event ownership in the Feedback cannot be granted to Roots Man Ways, you grant Roots Man Ways at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Roots Man Ways may disclose that Feedback to any third party in any manner and you agree that Roots Man Ways has the ability to sublicense all Feedback in any form to any third party without restriction.

The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Roots Man Ways may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

You shall not transmit to Roots Man Ways or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding the number of copies, (ii) exceeding the number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numerals, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result, or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

You may not use your username and password for any unauthorized purpose.

Roots Man Ways may retain and use, information collected in your use of the Service, provided such information does not individually identify you.

Roots Man Ways does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Roots Man Ways. If Roots Man Ways discovers that a person under the age of 13 has provided Roots Man Ways with any personal information, Roots Man Ways will use commercially reasonable efforts to delete such person’s personal information from all Roots Man Ways systems.

Roots Man Ways may decline service or terminate access to our Site or the Service for any reason at any time without notice. Rootsmanways.com, Roots Man Ways, prefers to advise you of inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by Rootsmanways.com will result in immediate termination of your access to the Site or Restricted Areas. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.

By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.

THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF OREGON WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN PORTLAND, OREGON AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Rootsmanways.com controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for compliance with all applicable local laws.

The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Roots Man Ways’ proprietary rights in them.

THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ROOTS MAN WAYS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. ROOTS MAN WAYS MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, ROOTS MAN WAYS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ROOTS MAN WAYS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ROOTS MAN WAYS OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF ROOTS MAN WAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. ROOTS MAN WAYS’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF ROOTS MAN WAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Roots Man Ways shall not be liable to you for any delay or failure of Roots Man Ways to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Roots Man Ways. Such causes shall include but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Portland, Oregon. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit.

This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

MEDICAL DISCLAIMER

No advice – Rootsmanways.com contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.

No warranties – The medical information on Rootsmanways.com is provided without any representations or warranties, express or implied. The Site makes no representations or warranties in relation to the medical information on The Site. Without prejudice to the generality of the foregoing paragraph, The Site does not warrant that: (a) the medical information on Rootsmanways.com will be constantly available, or available at all; or (b) the medical information on Rootsmanways.com is complete, true, accurate, up-to-date, or non-misleading. The information on this Web site is for informational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding your medical care. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

Nothing in this web site is intended as a recommendation or endorsement of any specific tests, products, procedures, companies, opinions, or other information that may be mentioned on this web site. Any reliance on any information provided by the web site, others appearing on the web site at the invitation of the website and/or other visitors to the web site is solely at the user’s risk. Information on this web site is not intended to create any provider-patient relationship.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. Reliance on any information provided by this Website and/or Roots Man Ways, it’s associated employees, contracted writers or medical professionals presenting content for publication to this Website is solely at your own risk.

Professional assistance – You must not rely on the information on Rootsmanways.com as an alternative to medical advice from your doctor or other professional healthcare providers. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare providers.

If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on Rootsmanways.com.

Limiting Liability – You agree not to hold us liable for any damages arising from or relating to your reliance on any of the medical information provided on Rootsmanways.com. Additionally, you agree not to repeat the medical information that you read on The Site to a third party, as that third party may not have read this disclaimer and understood the caveats involved in receiving the information. If you should repeat the medical information that you read on The Site to a third party, whether through writing, electronically, or orally, you agree that you will indemnify us and defend us against any claims for damages by that or any other third party which received its information as a result of your actions, either in whole or in part. In other words, if the third party you told the information to repeats it to another third party, you must indemnify us and defend us against claims made by either of those third parties.

REFUNDS and CANCELLATIONS

If you opt to get our monthly membership, you will be billed monthly until the membership is canceled. The membership can be canceled at any time. There are no refunds.

COPYRIGHT

This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Roots Man Ways, All rights reserved.

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.

DMCA Provisions The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter-notice to the website owner and/or the ISP.

Notification Of Claimed Copyright Infringement: Please send DMCA notifications of claimed copyright infringement to info@rootsmanways.com OR via mail to the address mentioned at the bottom of this page.

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright.

Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.) Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum). Include the following statement: swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.

The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. For details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

Counter-Notification To Claimed Copyright Infringement

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If the website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

This notice is for informational purposes only. It is not intended as, nor should it be construed as legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

Last updated July 23, 2020.