Terms of service

General/Introduction

Please carefully read the following terms and conditions (known as the “Terms of Use”). By accessing and/or using rooted-home.org  (the “website”) or any content or product provided, you, the user, agree to and are legally bound by these Terms of Use and the associated Privacy Policy. This website is intended only for users that are at least 18 years of age, and by accessing this site, you warrant that you are at least 18 years of age. 

These Terms of Use are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any claims, suits, or other legal proceeding arising out of or in connection with this website or Terms Of Use shall be brought in the courts of Douglas County, Colorado, and parties consent to the exclusive jurisdiction of such forum.

The Terms of Use and Privacy Policy may be revised at any time without notice and will be effective when posted. If any of the terms and conditions is deemed invalid, void, or for any reason unenforceable by a court with competent jurisdiction, that term and condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Orders

The pricing for our products is clearly listed on our website and in your shopping cart. All prices are in USD and may subject to applicable taxes and shipping costs. We reserve the right to revise pricing on the website at any time without prior notice in our sole discretion. Payment is due in full at the time of purchase. The order will be processed once payment is confirmed. Once an order is placed and payment is confirmed, it cannot be canceled. Please review your order and the Refund/Return Policy carefully before completing the purchase. If you have concerns regarding your order, please contact us as soon as possible for resolution.  All orders are non-refundable. Issues related to an order that are not raised within 10 days of receipt of the order will be resolved in our sole discretion. 

Use of Website/Prohibited Conduct

You agree not to use this website for any purpose that is unlawful, infringing, prohibited by these Terms of Use. This includes your agreement not to access or use the website in any manner that could damage, impair, disable, or overburden the website, interfere with the proper working of the website, or attempt to gain unauthorized access to any part of the website. We have no obligation to monitor the website or any content. We reserve the right to remove any content or terminate, discontinue, or limit access to the website and any product, at any time for any reason whatsoever.

Third-Party Websites

We may provide certain links to third-party websites not owned or controlled by us. These websites have their own unique legal terms of use, security features, and privacy policies that should be reviewed in detail should you desire to access and use such sites. We are not responsible for and shall not incur any liability in any way for any content, products, or services that are contained or provided on or through any third-party website. 

Disclaimer of Warranties

THIS WEBSITE AND ALL PRODUCTS PURCHASED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY STATUTORY, EXPRESS, OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES THAT THIS WEBSITE OR CONTENT IS ACCURATE, COMPLETE, TIMELY, SECURE, OR INTERRUPTION, ERROR, AND OMISSION FREE. YOU ASSUME RESPONSIBILITY FOR THE USE OF THIS WEBSITE AND ANY PRODUCTS PURCHASED HEREON, WE DISCLAIM ALL WARRANTIES AND CANNOT GUARANTEE THAT THIS WEBSITE, ANY CONTENT WILL BE FREE OF INFECTION OR VIRUS.

Limitation of Liability

YOUR USE OF THIS WEBSITE AND ANY CONTENT OR ITEM/PRODUCT PURCHASED THROUGH IT IS AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE IN CONTRACT, TORT, OR OTHERWISE FOR ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, SUITS, COSTS, EXPENSES, OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO THE USE OF OR INABILITY TO USE, THIS  WEBSITE, MATERIALS, OR ITS PRODUCTS REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH.

Indemnity

By your use of this website and placing orders, you agree to indemnify, defend, and hold us harmless, its directors, officers, employees, at your sole expense, from and against every claim, damage, loss, liability, and/or suit (including reasonable attorney fees) arising out of or in connection with your unauthorized use of this website or any  product, your use of this website in violation of applicable law, or any violation of these Terms of Use by you.

Contact Information

If you have any questions or comments please direct them to the contact listed on the Privacy Policy. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We, Rooted Home Mercantile, are offering an SMS/MMS mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration. Through the Program, you will receive recurring automated marketing and promotional text messages, which may include cart reminders, promotional offers, and product recommendations, and, if you reply, conversational responses to your messages. The Program uses artificial intelligence (“AI”) technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.

AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:

(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.

(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.

(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.

(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at jessica@rootedhome.org.

By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.

Opting Out. You can cancel the SMS service at any time by texting “STOP” to any mobile text message from Us. After you send “STOP”, you may receive a confirmation text, and you will no longer receive messages from us. If you wish to rejoin the Program, you can opt in again at any time through the methods we offer. You may also opt out by replying with another standard opt-out keyword, such as UNSUBSCRIBE, CANCEL, END, or QUIT.

Help and Support. If you are experiencing issues with the messaging program, reply with the keyword HELP for assistance, or contact us directly at jessica@rootedhome.org.

Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages.

Rates and Message Frequency. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. You acknowledge that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. If you have any questions about your text plan or data plan, please contact your wireless provider.

Privacy. If you have any questions regarding privacy, or how we collect and handle your information, please read our Privacy Policy, available at https://rootedhomemercantile.com/policies/privacy-policy.

Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.

You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. We will post any updates to this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.

For any questions, reply HELP to any message from us, or contact us at jessica@rootedhome.org for more information about the Program.