Last updated: 1/2/2026

OVERVIEW

Welcome to Restorative Roots! The terms “we”, “us” and “our” refer to Restorative Roots. Restorative Roots operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Restorative Roots is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://restorativeroots.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent and warrant that you are at least 18 years of age, a legal resident of the United States, have not been previously suspended or removed from the Services, and do not have more than one active account. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 1A - ACCOUNT REGISTRATION & ELECTRONIC COMMUNICATIONS

In order to access and use certain areas of the Services, you will need to register for a Restorative Roots account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating a Restorative Roots account, you also consent to receive electronic communications from Restorative Roots (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. 

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 2A – NO MEDICAL OR HEALTH CLAIMS

Any product descriptions, information, or content provided through the Services are for general informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Statements about our products have not been evaluated by the Food and Drug Administration (FDA).

You should consult your healthcare professional before using any food product or supplement, especially if you have any medical condition or are pregnant, nursing, taking medication, or under medical supervision.

SECTION 2B - FOOD SAFETY & ALLERGENS

Our products are perishable food items and must be handled and stored properly to ensure safety and quality.

From the time your order is delivered, the condition and consumption of the products are solely your responsibility. You are responsible for promptly unpacking your order, and for properly refrigerating or freezing perishable items upon delivery. You agree to follow safe food handling, storage, and preparation practices, including but not limited to:

• Refrigerating or freezing perishable products immediately after delivery.

• Following any handling, storage, thawing, and cooking instructions provided on product labels or packaging.

• Cooking products to appropriate internal temperatures using a food thermometer, in accordance with guidance from the U.S. Department of Agriculture (USDA) or other applicable food safety authorities.

Some shipments may include insulation and/or dry ice or similar cooling materials to help maintain safe temperatures during transit. Dry ice and other cooling materials must be handled with care, kept away from children and pets, never ingested, and allowed to dissipate in a well-ventilated area. We are not responsible for injury or damage resulting from improper handling or disposal of packaging or cooling materials after delivery.

You are solely responsible for knowing about any food allergies or dietary restrictions that apply to you or anyone who may consume our products. Our products may be produced, packaged, or stored in facilities that also handle common allergens (including, but not limited to, milk, eggs, wheat, soy, peanuts, tree nuts, fish, and shellfish). We cannot guarantee that cross-contamination will not occur, and we do not make any “free from” allergen guarantees unless expressly stated on the product label.

By purchasing and consuming our products, you acknowledge and agree that: (a) you will review all product labels, ingredient lists, and preparation instructions before use; (b) you will use your own judgment and consult with a healthcare professional as needed regarding allergies or dietary concerns; and (c) Restorative Roots is not responsible for any adverse reactions or illness arising from improper storage, handling, preparation, or consumption, or from undisclosed or unknown allergies.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Restorative Roots reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process your payment. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Restorative Roots may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Subscription Orders: If you purchase a product on a recurring subscription basis, your order will be subject to the additional terms in SECTION 3A – SUBSCRIPTION ORDERS & AUTO RENEWAL.

Fraud Screening: All orders are subject to review and verification for fraud prevention. We may cancel or refuse any order if fraud or unauthorized activity is suspected. For security reasons, Restorative Roots will not provide a reason if an order is suspected as fraud from our third party systems, and we are not required to provide specific details regarding a cancellation related to suspected fraud. Cancelled orders should be checked for accurate billing information and resubmitted if an error is found.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://restorativeroots.com/policies/refund-policy).

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

By placing an order, you authorize Restorative Roots (or its payment processor) to charge your selected payment method for the total amount of your order, including applicable taxes, shipping, and fees.

SECTION 3A - SUBSCRIPTION ORDERS & AUTO RENEWAL

PRODUCTS. We make certain food and meal products made available for purchase through the Services (collectively, the “Product(s)”).

PLANS. Restorative Roots offers various subscription plans for the recurring delivery of our Products (each purchase of any such plan, a “Subscription”) and may offer recurring or one-time Products for sale. Our Product offerings and available Subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.

AUTOMATIC RENEWAL OF SUBSCRIPTION. WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) Restorative Roots (OR OUR THIRD PARTY PAYMENT PROCESSOR(S)) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. THE RECURRING CHARGES AND CADENCE FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS ("PAYMENT"). THE AMOUNT AND CADENCE YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME IN ACCORDANCE WITH THESE TERMS.

GIFTS. You may have the ability to purchase: (i) non-subscription boxes, (ii) gift cards, and (iii) recurring monthly Subscriptions for other people through the Services (collectively, “Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL TERMS AND THE CANCELLATION POLICY IN SECTION 3.

SUBSTITUTIONS. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients, Products or entire Orders) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at hello@restorativeroots.com.

CANCELLATIONS. You may cancel your subscription at any time within the terms you agreed to during checkout by cancelling your subscription in your account or emailing us at hello@restorativeroots.com.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 4A – CHARGEBACKS & FRAUD

We take fraud seriously and actively investigate any suspected fraudulent transactions. Placing an order through stolen payment credentials or engaging in "friendly fraud" (initiating chargebacks after receiving goods or services) is considered theft.

Restorative Roots reserves the right to dispute any chargeback and provide supporting evidence to the payment provider. Customers engaging in fraudulent chargebacks may be permanently banned from using the Services and may be subject to legal action and collection of the owed amount, including recovery costs, fees, and damages.

We may share information related to suspected fraud or chargebacks with payment providers, law enforcement, or fraud prevention partners as permitted by law.

SECTION 5 - SHIPPING AND DELIVERY

Orders are typically processed and shipped on Tuesdays using one-day or two-day delivery services. If a special shipping schedule is needed—such as around holidays or extreme weather—we’ll post updates on our website and share them through reasonable channels like email, SMS, or social media.

We do our best to get every order out on time and packed with care, but once a package leaves our facility, delivery timing is in the hands of the carrier. All delivery dates are estimates and may vary. We’re not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you when the order is handed off to the carrier.

If anything goes wrong or your order doesn’t arrive as expected, please reach out and we’ll do everything we reasonably can to help. Email us at hello@restorativeroots.com.

Section 5A - DRY ICE WARNING

Some shipments may include dry ice to maintain safe temperatures during transit. Dry ice can cause burns if handled improperly and should never be ingested or touched with bare skin. Once received, allow dry ice to evaporate in a well-ventilated area out of reach of children and pets. Restorative Roots is not responsible for injury or damage resulting from improper handling of dry ice or packaging materials after delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Restorative Roots, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Restorative Roots, Shopify or any third party. 

Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Restorative Roots.

Restorative Roots’s names, logos, product and service names, designs, and slogans are trademarks of Restorative Roots or its affiliates or licensors. You must not use such trademarks without the prior written permission of Restorative Roots. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 7A - SMS TERMS AND CONDITIONS

The Restorative Roots mobile message service (the "SMS Service") is operated by Restorative Roots (“Restorative Roots”, “we”, or “us”). Your use of the SMS Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the SMS Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the SMS Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Restorative Roots’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Restorative Roots through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. SMS Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Restorative Roots. Your participation in this program is completely voluntary.

We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the SMS Service at any time. Text the single keyword command STOP to (866) 559-4376 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Restorative Roots mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For SMS Service support or assistance email hello@restorativeroots.com.

We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy (https://restorativeroots.com/policies/privacy-policy).

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Restorative Roots is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Restorative Roots. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Restorative Roots, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Restorative Roots.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here (https://restorativeroots.com/policies/privacy-policy), and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy (https://restorativeroots.com/policies/privacy-policy) for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Restorative Roots, Shopify or users of the Services, or expose them to liability.

You may not use any robot, spider, crawler, scraper, or other automated means to access the Services, attempt to reverse engineer any part of the Services, or bypass any measures we use to restrict access.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Restorative Roots, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL Restorative Roots, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Services or any products you purchase will not exceed the greater of (a) the amount you paid for the order giving rise to the claim, or (b) USD $200.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Restorative Roots, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Certain sections of these Terms by their nature will survive termination (including, without limitation, Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any payment obligations).

SECTION 21 - DISPUTE RESOLUTION; ARBITRATION

Please read this section carefully. It affects your legal rights and requires most disputes to be resolved by binding, individual arbitration.

21.1 - Informal Resolution

Before initiating arbitration or any other legal proceeding, you and Restorative Roots agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products (a “Dispute”) informally. You may initiate this process by sending written notice to:

Restorative Roots

5904 Warner Ave #126

Huntington Beach, CA 92647

hello@restorativeroots.com

Your notice must include your name, contact information, a brief description of the Dispute, and the relief you are seeking. We will do the same if we initiate a Dispute with you. You and Restorative Roots will attempt to resolve the Dispute in good faith for at least thirty (30) days after a notice is received. If the Dispute is not resolved within that time, either party may proceed as set forth below.

21.2 - Agreement to Arbitrate

To the fullest extent permitted by law, you and Restorative Roots agree that any Dispute that cannot be resolved informally will be resolved by binding arbitration on an individual basis, and not in court. This means that you and Restorative Roots are each waiving the right to a trial by judge or jury.

This arbitration agreement applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the Dispute arose. The only exceptions to this arbitration agreement are:

Either party may bring an individual action in small claims court if it qualifies.

Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights (including, without limitation, copyrights, trademarks, trade secrets, or patents).

21.3 No Class Actions

To the fullest extent permitted by law, you and Restorative Roots agree that any arbitration or court action will be conducted only on an individual basis and not in a class, consolidated, representative, or collective action. You may not act as a class representative or class member in any such proceeding. The arbitrator may not consolidate or join the claims of more than one person or preside over any form of class, representative, or collective proceeding.

If a court determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) must remain in court and be severed from any arbitration.

21.4 Arbitration Procedures

Arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) or, if JAMS is unavailable, another nationally recognized arbitration provider agreed upon by the parties. The arbitration will be conducted by a single neutral arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect, as modified by this Section 21.

Unless you and Restorative Roots agree otherwise, the arbitration will take place in the county of your billing address, or another reasonably convenient location. If the value of the Dispute is within the jurisdictional limit of small claims court, either party may choose to have the Dispute decided in small claims court instead of arbitration.

The arbitrator has the authority to grant any relief that would be available in court, consistent with these Terms, and the award of the arbitrator shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

21.5 Costs and Fees

Each party will be responsible for its own attorneys’ fees and other costs, unless applicable law or the arbitration rules provide otherwise. The allocation and payment of arbitration filing, administrative, and arbitrator fees will be governed by the applicable arbitration rules and applicable law.

21.6 Time to Bring a Claim

To the fullest extent permitted by law, any Dispute must be filed within one (1) year after the date on which the claim arose, or such claim is permanently barred. This limitation applies to both court actions and arbitration.

21.7 Governing Law and FAA

This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and applicable federal arbitration law. To the extent the FAA does not apply, the laws of the State of California (without regard to its conflict of law principles) will govern this Section 21.

21.8 Opt-Out Right

You may opt out of this agreement to arbitrate by sending a written notice of your decision to opt out to:

Restorative Roots – Arbitration Opt-Out

5904 Warner Ave #126

Huntington Beach, CA 92647

The opt-out notice must include your full name, email address associated with your account (if any), mailing address, and a clear statement that you wish to opt out of the arbitration agreement in these Terms. To be effective, your opt-out notice must be postmarked within thirty (30) days after you first accept these Terms. Opting out of arbitration does not affect your other obligations under these Terms.

If you opt out of arbitration, or if this arbitration agreement is found not to apply to a particular Dispute, that Dispute will be resolved exclusively in the state or federal courts located in California, as described in the Governing Law section of these Terms.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Subject to the Dispute Resolution; Arbitration section above, any Dispute that is not subject to arbitration or that may be brought in court will be resolved exclusively in the state or federal courts located in California, and you and Restorative Roots consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@restorativeroots.com.

Our contact information is posted below:

Restorative Roots
hello@restorativeroots.com
855-301-7491
5904 Warner Ave #126
Huntington Beach, CA 92647

SECTION 26 - GIVEAWAY TERMS AND CONDITIONS

For the purposes of these Terms and Conditions, "The Promoter" refers to Restorative Roots whose Instagram handle is @eat.restorativeroots. The "Prize" refers to Prize included in announcement post (e.g. one (1) Gift Box or Build a Box Mini, $205).

By entering the giveaway you agree to be bound by these terms and conditions. All entries must be received by the specified time on the specified date in the giveaway announcement. Winners in the United States of America will be selected at random by Restorative Roots on the date specified and the winner will be notified on or after that date.

Restorative Roots giveaways with entry via Instagram and/or Facebook are open only to residents of the United States.

No purchase necessary. Winners will not be required to pay to enter the giveaway.

Entrants must be over 18 years old on the date of their entry.

Employees of Restorative Roots are not eligible to enter.

Instagram or Facebook are not in any way affiliated or involved in the giveaway.

The Prize will be awarded to a randomly selected winner who has entered on Instagram, Email or otherwise, using a random number generator. Restorative Roots will not be held liable if the named prize becomes unavailable or cannot be fulfilled.

Restorative Roots will not be held liable for any failure of receipt of entries. Restorative Roots takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.

To the extent permitted by applicable law, Restorative Roots’s liability under or in connection with the giveaway or these terms and conditions shall be limited to the cost price of the Prize in question.

To the extent permitted by applicable law, Restorative Roots shall not be liable under or in connection with these terms and conditions, the giveaway or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and Restorative Roots and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, Restorative Roots reserves the right to substitute that prize for a prize of equal or higher value.

The name, address, email address and phone number of the winner must be provided to Restorative Roots if requested and will be shared to enable fulfilment of the Prize.

In the event of unforeseen circumstances beyond Restorative Roots reasonable control, Restorative Roots reserves the right to cancel, terminate, modify or suspend the giveaway or these terms and conditions, either in whole or in part, with or without notice.

Restorative Roots's decision is final. No correspondence will be entered into.

The winner’s name and social media username may be posted on the social media profiles of Restorative Roots after the winner has been selected.