Terms of Use

Welcome to RootsRated. The following terms of use, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of rootsrated.com, including any content, functionality and services offered on or through this website and all other RootsRated, Inc. (“RootsRated”) web and mobile applications and properties (collectively, the “Site”), including but not limited to reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data on the Site or such applications and properties (collectively, the “Content”).

Please read these Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS. You agree that these Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site. We reserve the right to revise these Terms of Use from time to time. Any such change, update or modification will be effective immediately upon posting the modified version of the Terms of Use on the Site. You should check the Terms of Use from time to time, because your use of the Site following any changes indicates your agreement to be bound by any posted modifications.

Privacy Policy

RootsRated maintains a Privacy Policy that explains what information we gather and what we do with it. You can view that by clicking here.

Account Security

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

Refusal of Service

RootsRated, in its sole discretion, reserves the right to refuse service to any persons or terminate any accounts.

Copyrighted Materials

All Content is either (a) in the public domain and designated as such or (b) is licensed to RootsRated or is the property of RootsRated, and in either case is protected by U.S. and international copyright laws and may not be used without RootsRated’s written permission. The compilation of all Content on the Site is the exclusive property of RootsRated and is protected by both U.S. and international copyright laws. All software used on the Site is the property of RootsRated or its software suppliers and is protected by both U.S. and international copyright laws.

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy any material or Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

Trademarks

RootsRated and all related names, logos, product and service names, designs and slogans are trademarks of RootsRated or its affiliates or licensors. You must not use such marks without the prior written permission of RootsRated. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Assumption of Risk, Waiver and Indemnification

By using the Site and the Content, you expressly acknowledge, understand and agree to each of the following:

  • The Content contains information relating to hazardous activities that involve varying degrees of risk and may result in injury or death.
  • The Content may contain inaccuracies (including but not limited to inaccuracies related to dangers, risks, conditions, mapping, locations, property ownership and property access restrictions), and RootsRated makes no representation, warranty or guaranty regarding the accuracy of any Content or the operation of the Site, and RootsRated disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
  • In consideration of the benefits to be derived and after carefully considering the dangers and risk involved, you are voluntarily entering into these activities. You hereby accept any and all risk of injury or death. In consideration of RootsRated’s facilitation of your participation in these activities, you, for yourself, your spouse, legal representatives, heirs, and assigns, hereby release, waive, indemnify and hold harmless, and discharge RootsRated and its sponsors, representatives, officers, directors, employees, volunteers and any other person associated with RootsRated, from all liability to you, your spouse, legal representatives, heirs, and assigns, for any and all damages, (including incidental, consequential, special or punitive damages), any claim for damages resulting therefrom, whether on account of injury to my person or property, my death, any violation of law (trespassing or otherwise), whether caused by negligence of RootsRated, or otherwise arising from or related to your use of the Site and the Content, your participation in any activity related thereto, and your violation of these Terms of Use. This limitation of liability will be effective regardless of whether such liability is based on breach of contract, tort, strict liability, or any other legal theory.

No Assignment

Your rights and obligations under these Terms of Use are not assignable to any third party voluntarily or by operation of law without the prior written consent of RootsRated. Any assignment or purported delegation by you without RootsRated’s written consent will be null and void and of no force or legal effect.

Governing Law

This contract is to be governed at all times by the laws of the State of Delaware applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Delaware.

Arbitration & Forum

Any dispute or claim relating in any way to your use of RootsRated’s services, or your visit to the Site, will be resolved by binding arbitration rather and not in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case attorney’s fees may be pursued.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to RootsRated, Attn: Registered Agent, 1615 Cowart St., Chattanooga, TN 37408. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You agree that, if possible under all relevant rules, the arbitration will occur in the State of Tennessee, in Chattanooga, TN, or as close to it as possible. If it is not possible under all relevant rules for the arbitration to occur in Tennessee, then you agree that the arbitration may occur by telephone (which is usually cheaper and easier for both parties) or may be based on written submissions.

Disputes as Individuals

You and RootsRated both agree that any dispute resolution proceedings will be conducted only on an individual basis, and neither in a class nor any other consolidated or representative action.

Merger

These Terms of Use represent the full agreement between you and RootsRated. No other representations, whether oral or written, form any part of your agreement with RootsRated. Additionally, these Terms of Use cannot be orally modified, even by RootsRated personnel, and no provisions of it can be waived by either party except in writing.

Severability

If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected.