Last Modified: November 1, 2017
Use of the Site signifies your agreement to these Terms, which constitute a legal agreement between you and Roots and Revival (also referred to as “we,” “us,” or the “Company”). Please read these Terms carefully before using the Site. If you do not accept these Terms in their entirety, do not access or use this Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from agreeing to these Terms or using the Site under the laws of the United States or any other jurisdiction. If you are accessing or registering with the Site on behalf of a business entity, you represent that you have the authority to bind the entity to these Terms. Further, you represent that any information provided or made available by you or your affiliates is at all times accurate and complete.
For purposes of these Terms, a “Seller” is a user of RootsAndRevival.org who, upon applying to be a RootsAndRevival.org Seller and fulfilling the relevant Registration Requirements, posts product information and offers to sell or sells products on RootsAndRevival.org. A “Buyer” is a RootsAndRevival.org user who places, or attempts to place, online orders to purchase products at RootsAndRevival.org.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to periodically check this page so you are aware of any changes, as they are binding on you.
You must provide true, complete, and accurate information when registering and must maintain and update that information as applicable. You agree not to impersonate any person or business or use a name you are not legally authorized to use. You authorize us to verify your information (including any updated information).
Any paid membership or registration fees will not be refunded even if a Seller requests to terminate its membership or registration before the expiration of the membership or registration period.
To participate as a Seller in the marketplace, you must provide the following registration information: username, mailing address, email address, password, store name, and other information that we may require from time to time.
To participate as a Seller in the marketplace, you must have a valid account with Stripe and fully comply with all applicable terms and conditions located at www.stripe.com.
Function of the Site
The Site provides an online platform for Sellers to offer and sell products to users. Company is not involved in the actual transaction between the Buyer and the Seller. As a result, only the Seller, not Company, has control over and is responsible for sales transactions, including without limitation the quality, safety, availability, or legality of the items transacted; the accuracy of the information or specifications provided; and the ability of Sellers to deliver items promised. These Terms and the information provided by this Site in no way override the terms and conditions of your sale of any product or service except as specifically provided herein. We cannot ensure that a Buyer will complete a transaction or that a transaction will be completed in a satisfactory manner. We encourage you to communicate directly with Buyers through the tools available on this Site or by other commercially available means that you might normally use in conducting transactions.
You, hereby agree and acknowledge that there may be risks of dealing with people acting under false pretenses. Because user verification on the Internet is difficult, we cannot and do not confirm each Buyer’s personal or company information. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. IT IS YOUR SOLE RESPONSIBILITY TO QUALIFY THE BUYER THAT YOU CHOOSE TO DO BUSINESS WITH.
You agree and acknowledge that you are fully assuming the risks of conducting any transactions in connection with using the Site, and that you are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that you offer or sell through the Site. Such risks shall include, but are not limited to fraudulent schemes, delay or default in payment, cost miscalculations, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate third party rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of their rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party claimants. Such risks also include the risks that consumers, purchasers, end users of products or others claiming to have suffered injuries or harms relating to products sold by you in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks.” Seller agrees that Company, its affiliates, representatives, and respective officers, directors, owners, employees, agents, and contractors (collectively “Company Parties”) shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Offers and Sales
Sellers are obligated to sell goods at the agreed price to Buyers who meet the Seller’s terms. By listing an item, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. It is your responsibility to accurately describe an item for sale. Sellers are solely responsible for all transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, refunds, warranties, shipping, insurance, promotions, fees, Seller Taxes (as defined herein), licenses, fines, handling, transportation and storage. Company, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.
Without limitation, you may not offer, sell, list, link to, or post any items or related materials (“Prohibited Products”) that:
- Infringe any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy);
- Constitute libel or slander or is otherwise defamatory;
- Are counterfeited, illegal, stolen, fraudulent, or highly regulated;
- Are internationally regulated;
- Encourage or promote illegal activities;
- Are dangerous, including hazardous materials, recalled items, and weapons
- Are racially, religiously or ethnically derogatory, or that promotes hatred, violence, racial or religious intolerance;
- Are obscene and/or pornographic in nature;
- Do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.
Any violation of these terms may result in immediate termination by Company of your right to access or use this Site.
Payments and Fees
We will collect and distribute funds received for sales, shipping, and estimated sales taxes pursuant to the Fee and Payments Policy, and we reserve the right to amend the Fee and Payments Policy from time to time in our sole discretion. We reserve the right to withhold any funds received pursuant to the terms of the Fee and Payments Policy, and as may be required to comply with applicable law.
It is the responsibility of the Seller to determine whether Seller Taxes apply to transactions and to collect, report, and remit the correct taxes to the appropriate tax authority. Company will use TaxJar to estimate the sales taxes that may apply to transactions based upon the Seller’s business address information. Seller agrees to provide accurate information regarding the Seller’s tax nexus. Company is only responsible for collecting and remitting to Seller the sales taxes that are estimated by TaxJar based on the Seller’s business address information. Other than as expressly stated above, Company is not responsible for collecting, reporting, or remitting any sales, use or similar taxes arising from any transaction. “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by the Seller on or through the Site, or otherwise in connection with any action, inaction or omission of the Seller or any of affiliate of the Seller, or any of the Seller’s respective employees, agents, contractors or representatives.
Because Company Parties are not involved in transactions between Sellers and Buyers, except for the collection of the Buyer’s payment and the remittance of payments to Sellers pursuant to the Fee and Payments Policy, if a dispute arises between one or more participants, Seller agrees to release and indemnify Company Parties from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages), known and unknown, disclosed and undisclosed, arising out of or in connection with such dispute. Because Company is not the agent of Seller and is not the agent of Buyer for any purpose, Company will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction. Company urges Sellers and Buyers to cooperate with each other to resolve such disputes.
Please also review Stripe’s policies, terms, and conditions
Sellers must ship any purchased item within 30 days of receiving an order unless another shipping time is agreed upon with the Buyer in the Company’s online chat portal. Shipping charges must be reasonable and must be comparable to the rates offered by other national shipping service providers including but not limited to USPS, UPS, and FedEx. In no event may shipping charges exceed $30.00 unless agreed upon with the Buyer in the Company’s online chat portal. Seller may create its own shipping labels or may print the labels provided through the Company’s platform. Sellers must specify whether their shipping charges include insurance and tracking information in the Seller’s store shipping policy on the Site. If tracking is provided with the Seller’s shipping charges, Seller must update orders on the Site with the tracking number for the applicable transactions.
Company Reservation of Rights
Company retains the right to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper).
Submission of Content
You may not list any Content on this Site (or consummate any transaction that was initiated using this Site) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.
These Terms are effective until terminated by either you or Company. Company may terminate your right to access or use this Site or any feature or portion thereof or change, suspend or discontinue all or any aspect or portion of this Site, or any service, feature or product offered through it, at any time, without notice or liability to you, any other user or any third party. In addition, conducting, or attempting to conduct, business outside of the Site’s platform in order to avoid fees may result in immediate termination of your access or use of this Site. Misrepresenting the type of goods being sold to avoid feeds may also result in immediate termination of your access or use of the Site. Upon termination, you are no longer authorized to access this Site. The restrictions imposed on you with respect to the Content, and the disclaimers, indemnities and limitations of liabilities set forth in these Terms shall survive termination.
Content posted by Company Parties may contain errors, omissions or typographical errors or may be out of date. COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”, OR THAT THIS SITE OR ITS CONTENTS WILL BE AVAILABLE, ACCURATE, COMPLETE OR TIMELY. COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES LISTED ON THIS SITE. COMPANY PARTIES DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. COMPANY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. ALL PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE SUPPIERS OR MANUFACTURERS. ACCORDINGLY, COMPANY PARTIES MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE LISTED ON THIS SITE. COMPANY PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE WILL BE REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. FURTHERMORE, COMPANY PARTIES MAKE NO WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF OR RESULTING FROM YOUR SALE OF ANY PRODUCTS ON THIS SITE OR THE USE, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS SITE, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AN COMPANY PARTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You will defend, indemnify and hold harmless Company Parties from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and any use or alleged use of this Site under your password by any person, whether or not authorized by you; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof, “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity. Company reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with Company’s defense of such claim.
Applicable Law and Jurisdictional Issues
This Site is controlled and operated by Company from its offices in the State of Texas, United States of America. Access to or use of this Site shall not be construed as Company’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Texas. Company makes no representation that Content on this Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and Company consent to bring any action to enforce these Terms in the federal or state courts located in the Travis County, State of Texas, United States of America. Additionally, these Terms shall be governed by and construed in accordance with, and any claims brought against Company shall be governed by, the laws of the State of Texas, United States of America without regard to its choice of law principles.
Furthermore, you and Company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya, Cuba or any other country to which the United States has embargoed goods; (ii) to a national or resident of same; or (iii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using this Site or any software provided through this Site, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
Under no circumstances shall Company Parties be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Your Comments and Concerns
This website is operated by Roots and Revival, LLC.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected]