Terms of Use

Our company's legal name is Root Markets Inc., but we do business under that name as well as others such as Root and Root Exchange. Throughout this terms of use agreement, we refer to ourselves simply as RMI. This terms of use agreement governs the use of any of our landing page websites.

This Agreement, supplemented by our Privacy Policy, establishes the terms and conditions that govern the use of all of our websites. By using our websites, you acknowledge your specific, voluntary, and binding acceptance of all terms and conditions of this agreement and our Privacy Policy. If you do not accept these terms and conditions or if you have any questions, please send an email to terms@rootmarkets.com. We may change the terms of this agreement or our privacy policy at any time by posting a new agreement or privacy policy to this website. Use of this website or our services after we have posted such changed agreement or privacy policy constitutes acceptance of the changed agreement and /or privacy policy.

Proprietary Rights

We own and/or are authorized to use any trademark, registered trademark and/or service mark appearing on our website, and we also are the copyright owner or licensee of the content and/or information on our website, including but not limited to any screens appearing on it. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on our website for your personal use or records. If you make other use of our website, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to penalties. We do not grant any license or other authorization to you of our trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on our website.

Website Links

We have no responsibility for the accuracy or availability of information provided by linked sites. By linking to external websites, we are not endorsing the owners or operators of such websites or the content, products, advertising or other materials presented there.

Information contained on the web pages that are linked to our website comes from a variety of sources, much of it organizations and individuals unaffiliated with us. We do not author, edit, or monitor any of these pages or links. We cannot be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.

Compliance with Laws and Regulations

Our website is designed and intended to be used within the United States. Your access to and use of our website are subject to all applicable federal, state and local laws and regulations.

Privacy

Except as may otherwise be required by law, our "Privacy Policy" governs our use of your information. You should be aware, however, that a linked website may contain privacy policies different from ours. Neither we nor our stockholders, directors, employees, agents, successors, assigns or affiliates are responsible for any of those other websites' provisions and expressly disclaim any liability related to such policies.

Unauthorized Links and Devices

You are prohibited from making unauthorized hypertext links to our website. We reserve the right to disable any unauthorized links or frames. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our website or any information contained on or handled by our website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Use of "Cookies"

We use "cookies" or similar files to store information on your computer, to enhance your browsing experience and to track website navigation preferences. In addition, we may use third-party advertising companies to serve ads on our website. These ad servers also may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you do not wish to permit "cookies" to be stored on your computer, you may disable them by following the instructions provided with your browser software. Disabling cookies may preclude your ability to use certain portions of our website and your browsing experience may suffer.

Remedies for Violations

We reserve the right to seek all remedies available for violation of this Agreement, including the right to block access to our website from a particular Internet address.

Warranties and Limitation of Liability

OUR WEBSITE, ITS USE AND THE SERVICES THAT WE OFFER ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE ARE AWARE OF THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER WE NOR ANY OF OUR STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO OUR WEBSITE, ITS USE AND/OR THE SERVICES THAT OUR WEBSITE PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF EACH OF OUR STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification

You agree to indemnify and hold harmless us and our stockholders, directors, employees, agents, successors, assigns and affiliates from and against (and will pay upon demand each such person the amount of) any and all third-party claims, demands, losses, liability, damages, or expenses (including reasonable attorney's fees) resulting from, arising out of, relating to or caused by any breach by you of any of your covenants or other agreements contained in this Agreement or any breach by you of any representation or warranty made in this Agreement. In connection with any action or proceeding that may give rise to an obligation to you to indemnify a person as set forth above, we have the exclusive right, at our option, to defend, compromise and/or settle the action or proceeding, and you shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to us or any other party to be indemnified pursuant to this section.

Force Majeure

We are not be liable for any loss or damage and we shall not be deemed in breach of this Agreement to the extent that performance of its obligations is delayed or prevented as a result of any event or circumstance beyond its reasonable control, including without limitation, war, invasion, storm, severe weather, act of foreign enemy, civil war, hostilities, labor disputes, lightning, shortage of materials, failure of fluctuations in electrical or other power, heat light, air conditioning, disruption of a line or ISP, strike, or act of God, not withstanding any force majeure, you agree that we may unilaterally terminate this Agreement without notice at any time and without giving an opportunity to cure.

Arbitration

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue of this arbitration shall be New York, N.Y., U.S.A. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, N.Y., U.S.A. necessary to protect the rights or property of you or us pending the completion of arbitration.

Governing Law, Jurisdiction and Other Miscellaneous Matters

This site has been created and is controlled by us in the State of New York, United States of America. These disclaimers, terms, and conditions will be governed by, and construed and enforced in accordance with, the laws of the State of New York. Although it is agreed that arbitration shall be the first and preferred means of settling any claim or controversy, you hereby unconditionally and irrevocably submit, for yourself and your property, to the exclusive jurisdiction of any court of the State of New York and any federal court of the United States of America, in either case, sitting in the City and County of New York, and any appellate court therefrom, over any action, suit, or proceeding based upon, resulting from, arising out of, or relating to your access to and use of this site and any third-party site accessed through this site, or for the recognition or enforcement of any judgment resulting from any such action, suit, or proceeding in the event that arbitration shall be incomplete or unenforced for any reason. In any action relating to your access to or use of this site or any third-party site accessed through this site, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees.

Other Terms

Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

Waiver of Contractual Right. Our failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation our right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.

Parties in Interest. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by you (by operation of law or otherwise) without our prior written consent. We may assign its rights and obligations under this Agreement to any other party.

Headings. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.

Entire Agreement. This Agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the website, your use of the website and/or the services that we provide. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.