Radiant Roots, LLC Terms and Conditions
Welcome. By using our Website (defined below), you are agreeing to these Terms and Conditions (defined below). Please read them carefully before accessing or using our Website. If you have any questions, please contact us.
TERMS AND CONDITIONS
Radiant Roots, LLC (“Radiant Roots” "we" or “us” or “our”) provides Radiant Roots Website and various related services (collectively, the "Website") to you, the user, subject to your acceptance of all the terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
As used in these Terms and Conditions, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, consultants, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
The Website is a platform through which certain vendors (“Vendors”) sell goods or services (“Vendor Offerings”). Vendors are the sellers and issuers of Vendor Offerings. The Vendor is solely responsible to you for the care, condition, and quality of the goods and services it provides.
All Vendor Offerings, other available programs and pricing on the Website may change at any time in Radiant Roots’ sole discretion, without notice.
The Website, any content on the Website and the infrastructure used to provide the Website are proprietary to us, our affiliates, Vendors and other content providers. By using the Website and accepting these Terms and Conditions: (a) Radiant Roots grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Website pursuant to these Terms and Conditions and to any additional terms and policies set forth by Radiant Roots; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Website without the express permission of Radiant Roots.
As a condition of your use of the Website, you agree that:
Radiant Roots retains the right, at our sole discretion, to deny service or use of the Website or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Website and your account accessible, the Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Website access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
These Terms and Conditions are effective as of January 1, 2017. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions regularly and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
You are responsible for updating and correcting information you have submitted to create or maintain your account. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms and Conditions, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any forms of unredeemed value in your account. Upon termination, the provisions of these Terms and Conditions that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Website, including, but not limited to, requirements for use.
You must choose an appropriate name for your account. The name associated with your account may not use or include language that is offensive, vulgar, inappropriate, or infringes upon someone’s intellectual property rights, or otherwise violates the Terms and Conditions.
All interactions on the Website must comply with these Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Website, we may limit your privileges on the Website and seek other remedies.
The following activities are prohibited on the Website and constitute express violations of these Terms and Conditions:
(A) Submitting any content to the Website that: (i) Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); (ii) Contains personal information, except when we expressly ask you to provide such information; (iii) Contains viruses or malware; (iv) Offers unauthorized downloads of any copyrighted, confidential or private information; (v) Has the effect of impersonating others; (vi) Is purposely inaccurate, commits fraud or falsifies information in connection with your account or to create multiple accounts; or (vii) Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
(B) Attempting to do or actually doing any of the following: (i) Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; (ii) Scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; (iii) Scanning or testing the security or configuration of the Website or to breach security or authentication measures; or (iv) Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website.
(C) Using any of the following: (i) Frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission; (ii) Any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written permission; (iii) The Website or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Radiant Roots; or (iv) The Website or any of its resources to solicit consumers, Vendors or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Radiant Roots, including, without limitation, aggregating current or previously offered deals or Vendor Offerings.
(D) Collecting any of the following: (i) Content from the Website, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission; or (ii) Personal information of users, or content of any consumers or Vendors.
(E) Engaging in any of the following: (i) Tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Radiant Roots; (ii) Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (iii) Reselling or repurposing your access to the Website or any purchases made through the Website; (iv) Accessing, monitoring or copying any content from the Website using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; (v) Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website; (vi) Hyperlinking to the Website from any other website without our initial and ongoing written consent; or (vii) Acting illegally or maliciously against the business interests or reputation of Radiant Roots, our Vendors, our Affiliates, or our services.
By purchasing or obtaining any Vendor Offering via the Website, you agree to the following additional terms:
Descriptions of the Vendor Offerings advertised on the Website are provided by the Vendor or other referenced third parties. Radiant Roots does not investigate or vet Vendors, and Radiant Roots is not responsible for any performance or quality claims associated with the description of the Vendor Offerings. Pricing relating to Vendor Offerings on the Website may change at any time in Radiant Roots’ discretion without notice.
A Vendor may advertise goods or services on the Website that require the Vendor to have an up-to-date regulatory authorization, license, or certification. Radiant Roots does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Vendor. You should make whatever investigation you deem necessary or appropriate before purchasing any Vendor Offering to determine whether: (i) Vendor is qualified to provide the advertised good or perform the advertised service; or (ii) the Vendor Offering is of the care, condition, and quality required. Vendor is solely responsible for the care, condition, and quality of the goods and services being provided.
Radiant Roots is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Website. The Website is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect or delay to seek out or disregard professional advice relating to your health because of something you have read on the Website.
Radiant Roots may, in its sole discretion, verify a user’s identity prior to processing a purchase. Radiant Roots may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms and Conditions. Refunds for cancelled orders may be issued where appropriate in Radiant Roots sole discretion and judgment.
If a Vendor Offering becomes unavailable between ordering and processing, Radiant Roots will either cancel or not process the order and will notify you by email and issue a refund where appropriate.
Radiant Roots does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Radiant Roots reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the Website. If this occurs, Radiant Roots will notify you by email. In addition, Radiant Roots reserves the right, in its sole discretion, to correct any error in the stated retail price of the Vendor Offering.
You are responsible for paying all amounts that you owe to Radiant Roots. You are also solely responsible for paying any applicable taxes for any purchases you make through the Website.
(B) Vendor Offerings.
The Vendor is solely responsible for providing any goods or services bought on the Website. Furthermore, the Vendor is fully and solely responsible for the care, condition, and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to a purchase on the Website or not. You waive and release Radiant Roots and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Vendor in connection with your use of a Vendor Offering or the goods or services a Vendor provides in connection with the Vendor Offering.
By purchasing, redeeming or attempting to redeem any Vendor Offering, you agree specifically to the deal-specific terms advertised in connection with the Vendor Offering at the time of purchase, and these Terms and Conditions. Any attempt to redeem a Vendor Offering in violation of these Terms and Conditions will render the purchased Vendor Offering void.
You acknowledge that Radiant Roots does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous. Special offers and promotions are subject to change at any time in Radiant Roots’ sole discretion, without notice.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Website are protected by copyright, trademark and other intellectual property laws of the United States. Radiant Roots owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express written permission of Radiant Roots or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Radiant Roots does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
"Radiant Roots", Radiant Roots logos and variations thereof found on the Website are trademarks owned by Radiant Roots and all use of these marks inures to the benefit of Radiant Roots.
Other marks on the Website not owned by Radiant Roots may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Radiant Roots unless otherwise stated, or may be the property of their respective owners. You may not use Radiant Roots’ name, logos, trademarks or brands without Radiant Roots’ express written permission.
The Website may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Website from time to time. You may be required to have a Radiant Roots account to submit User Content.
If you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms and Conditions. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content that contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Radiant Roots shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms and Conditions and any operating rules established by Radiant Roots, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Radiant Roots shall have the right to remove any material from the Website in its sole and absolute discretion. Radiant Roots assumes no liability for any User Content or other information that appears or is removed from the Website or elsewhere. Radiant Roots has no obligation to use User Content and may not use it at all.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Radiant Roots makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Website or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
(A) Public Nature of Your User Content.
(i) You understand and agree that User Content is public. Any person (whether or not a user of Radiant Roots’ services) may read your User Content without your knowledge. Please do not include any personal information in your User Content unless you wish for it to be publicly disclosed. Radiant Roots is not responsible for the use or disclosure of any personal information that you disclose in connection with User Content.
(ii) Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Radiant Roots. Other users may post User Content that is inaccurate, misleading or deceptive. Radiant Roots does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Radiant Roots. Radiant Roots does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Website, including any objectionable User Content.
(B) License Grants.
(i) Some User Content you submit to Radiant Roots may be displayed or may give you the option to display in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Radiant Roots a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Radiant Roots shall have no obligation to use your personal information in connection with any User Content.
(ii) As between you and Radiant Roots, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Website, you grant Radiant Roots a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Radiant Roots’ license in any User Content or personal information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, vendor feedback, quality control or any other lawful purpose.
(iii) As detailed in Section 3 of these Terms and Conditions, contributing User Content or other information on or through the Website, is limited to individuals over 18 years old. The Website is designed and intended for adults. By contributing User Content or other content on or through the Website, you affirm that you are over 18 years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that it is associated with a registered user who is not at least 18 years old. If you are under 18 years old, please notify us, and we will take action.
We do not accept or consider, directly or through any Radiant Roots employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: (i) Radiant Roots has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and (ii) Radiant Roots will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NONE OF RADIANT ROOTS, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION VENDOR OFFERINGS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF VENDOR OFFERINGS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, VENDOR OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, RADIANT ROOTS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE VENDOR OFFERINGS, THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
IN NO EVENT SHALL RADIANT ROOTS, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, VENDORS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE WEBSITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE WEBSITE; (B) YOUR INABILITY TO USE THE WEBSITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE WEBSITE; (D) THE VENDOR OFFERINGS AND OTHER AVAILABLE PROGRAMS, PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE; OR (E) THESE TERMS AND CONDITIONS. IN NO EVENT WILL RADIANT ROOTS’ LIABILITY IN CONNECTION WITH A VENDOR OFFERING AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED (I) THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR (II) FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
When you use the Website or send emails to Radiant Roots, you are communicating with us electronically and consent to receive electronic communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Website or from which you otherwise email us.
The Website contains links to websites maintained by other parties (for example, links to Facebook, Twitter, Instagram, and Pinterest). These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.
You agree to defend, indemnify and hold harmless Radiant Roots, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Vendor Offerings purchased by you through the Website; (b) any User Content submitted or posted by you, in connection with the Website, or any use of the Website in violation of these Terms and Conditions; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.
You are solely responsible for your interactions with Vendors and other users of the Website. To the extent permitted under applicable laws, you hereby release Radiant Roots from any and all claims or liability related to any product or service of a Vendor, any action or inaction by a Vendor, including but not limited to any harm caused to you by action or inaction of a Vendor, a Vendor’s failure to comply with applicable law and/or failure to abide by the terms of a Vendor Offering and any conduct, speech or User Content, whether online or offline, of any other third-party.
Radiant Roots shall be excused from performance under these Terms and Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Radiant Roots.
Radiant Roots will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: (i) a legend or subject line that says: "DMCA Copyright Infringement Notice"; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the Website and a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (vii) your electronic or physical signature.
Radiant Roots will only receive DMCA notices by mail or e-mail at: By Mail: Radiant Roots, LLC, PO Box 3153, Huntington Beach, CA 92605-3153; By E-Mail: firstname.lastname@example.org.
Radiant Roots may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Radiant Roots may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
You may not assign these Terms and Conditions, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Radiant Roots. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Radiant Roots may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion.
As a global company based in the US with operations in other countries, Radiant Roots must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. This means that Radiant Roots or anyone using the Website cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies such as OFAC. This policy applies to anyone that uses the Website, regardless of their location. It is up to you to familiarize yourself with these restrictions.
For example, these restrictions generally prohibit, but are not limited to, transactions involving:
In order to protect our community and marketplace, Radiant Roots takes steps to ensure compliance with sanctions programs. For example, Radiant Roots prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location. Radiant Roots reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.
In addition to complying with OFAC and applicable local laws, Radiant Roots users and Vendors should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.
Finally, Radiant Roots users and Vendors should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. Radiant Roots has no authority or control over the independent decision-making of these providers.
The economic sanctions and trade restrictions that apply to your use of the Website are subject to change, so users and Vendors should check sanctions resources regularly. For legal advice, please consult a qualified professional.
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions for the Website shall be filed, and that venue properly lies, only in state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.
No waiver by either you or Radiant Roots of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and Conditions, and the remaining portions shall continue in full force and effect.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
You may close your account at any time by notifying us that you no longer wish to use our Website and ceasing any and all subsequent use. Your account will be closed upon confirmation from us that your account has been terminated. The obligations, terms, conditions and liabilities of the parties shall survive the closing of your account and any termination of these Terms and Conditions.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term of provision of these Terms and Conditions, we also may close or terminate your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).