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.
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.
TrademarksRootsRated 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.
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.
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.
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.