Terms and Conditions
Welcome to Back to the Roots, Inc. (“Back to the Roots”). Please read the following Terms and Conditions of Use (“Terms of Use”) carefully and completely before using this Site (as defined below) or registering for any of the Services (as defined below).
Services CoveredThese Terms of Use are between Back to the Roots and you. The services covered by these Terms of Use (“Services”) include all versions of Back to the Roots’ website, backtotheroots.com (the “Site”), and other Internet enabled or wireless means by which Back to the Roots provides content to you or receives content from you, including but not limited to chat rooms, email messaging services, and delivery of Back to the Roots content to you at your request. The Services are intended for use by a general audience and are neither directed nor available to those under the age of 13. All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not wish to agree to these Terms of Use, you may not access or use this Site or the Services. By accessing or using this Site, and thereby agreeing to these Terms of Use, you agree to use the Site and the Services for lawful purposes only. Harassment in any manner or form on this Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Back to the Roots or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization.
Agreement to Privacy PolicyBy accessing or using this Site, and thereby agreeing to these Terms of Use, you are also agreeing to the terms of Back to the Roots’ Privacy Policy and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.
Returns & ReplacementsWe hope you are enjoying your purchase, but understand that sometimes returns and refunds are necessary. Please refer to the below policies for all products purchased on the Site.
My product was damaged or had missing components: If we shipped you the wrong product, or your order arrived damaged, we will send a replacement or refund you for your purchase. Please email contact@backtotheroots.com within 30 days of receiving your order for a replacement or refund.
I changed my mind/ordered the wrong product: If you ordered the wrong item, or simply changed your mind we will refund you for your purchase (minus the shipping charges), provided the returned item(s) are received back in their original packaging and in new condition. When your return is received, you will be issued a refund to your credit card. You will be responsible for return shipping costs of non-defective merchandise. Please email us at contact@backtotheroots.com within 30 days of receiving your order and ship returns to:
Back To The Roots
RETURNS (Your Order #)
66 Franklin Street, Suite 300
Oakland, CA 94607
Guaranteed to Grow Promise: All of our products come with our 100% Guaranteed to Grow Promise – while every seed may not germinate in a seed packet, our 100% Guaranteed to Grow Promise means that this packet will grow crops when used as directed. If your kit does not grow as expected, when used as directed, please email us at contact@backtotheroots.com, and our experienced support team will offer troubleshooting advice, tips and tricks. If your kit still isn’t growing with the help of our team, Back To The Roots will send you a free replacement kit.
Intellectual PropertyThe entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Back to the Roots. The collective work includes works that are licensed to Back to the Roots. Copyright 2013, Back to the Roots ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Back to the Roots or purchasing Back to the Roots products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Back to the Roots or to purchase Back to the Roots products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Back to the Roots. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of Back to the Roots used in the Site are trademarks or registered trademarks of Back to the Roots other than Pour It Forward®, which is a U.S. registered trademark owned by Vinternational Imports, Ltd. and is used by Back to the Roots with permission.
Warranty DisclaimerExcept where expressly indicated in these Terms of Use, this Site and the products offered by Back to the Roots on this Site are provided “as is” and without warranties of any kind, whether express or implied. You expressly agree that use of this Site and/or the Services is at your sole risk. To the fullest extent permissible under applicable law, Back to the Roots disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from a course of dealing or a course of performance, other than those warranties which are both implied by applicable law and/or made incapable of exclusion or restriction under applicable law. Back to the Roots does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Back to the Roots does not make any warranties or representations regarding the use of the information or materials on this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of LiabilityTo the extent permitted by applicable law, you expressly understand and agree that Back to the Roots shall not be liable in contract, tort, under a negligence theory, or under any other legal or equitable theory for any special or consequential damages that result from the use of, or the inability to use, the information or materials on this Site or the performance of the products, even if Back to the Roots has been advised of the possibility of such damages and even if repair, replacement or refund for any of the products does not fully compensate you for any such damages.
Exceptions to Warranty Disclaimer, Limitation of Liability.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, THOSE PROVISIONS OF THIS AGREEMENT WHICH ARE CONTRARY TO OR ARE NOT ENFORCEABLE UNDER APPLICABLE LAW WILL NOT APPLY TO YOU AND DO NOT AFFECT ANY STATUTORY RIGHTS AVAILABLE TO YOU WHICH MAY NOT BE DISCLAIMED OR LIMITED; PROVIDED, HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT THE REMAINING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY AND THE REMAINDER OF THIS AGREEMENT WILL CONTINUE TO BE BINDING AND ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS.
Indemnification.To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Back to the Roots and its officers, directors, employees, agents, licensors, suppliers, distributors, representatives and agents (collectively, “Indemnitees”) from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms of Use. If you allow any individual or entity to use the Site and/or Services, or provide to any individual or entity any information received via the Site and/or Services, you agree to inform such individual or entity of these Terms of Use, which will be binding upon such individual or entity, and you agree to defend, indemnify and hold harmless the Indemnitees from any and all Losses related to such individual’s or entity’s use of, or receipt of information from, the Site and/or Services.
Typographical Errors.In the event that a Back to the Roots product is mistakenly listed at an incorrect price, Back to the Roots reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Back to the Roots reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Back to the Roots shall issue a credit to your credit card account in the amount of the incorrect price.
TerminationThese Terms of Use are applicable to and binding on you upon your accessing the Site. These Terms of Use, or any part of them, may be terminated, modified and/or suspended by Back to the Roots without notice at any time, for any reason. The provisions hereunder relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any such termination.
NoticesBack to the Roots may deliver written notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Back to the Roots. All notices to Back to the Roots should be addressed to:
Back to the Roots, Inc.
66 Franklin Street, Suite 300
Oakland, CA 94607
contact@backtotheroots.com
Dispute ResolutionYour use of this Site shall be governed in all respects by the laws of the United States of America, State of California, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.
You acknowledge and agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site and/or the Services (including but not limited to the purchase of Back to the Roots’ products), arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. YOU ACKNOWLEDGE AND AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER AND THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. Further, unless you and Back to the Roots agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Back to the Roots’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.
Any such cause of action or claim you may have with respect to the Site and/or Services (including but not limited to the purchase of Back to the Roots products) must be commenced within one (1) year after the claim or cause of action arises. Back to the Roots’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Back to the Roots may assign its rights and duties under this Agreement to any party at any time without notice to you.
Except as may be required by applicable law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any termination of your agreement to these Terms of Use.
Participation DisclaimerBack to the Roots does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Back to the Roots is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Back to the Roots reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Back to the Roots in its sole reasonable discretion.
Third-Party LinksIn an attempt to provide increased value to our visitors, Back to the Roots may link to sites operated by third parties. However, even if the third party is affiliated with Back to the Roots, Back to the Roots has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Back to the Roots. These linked sites are only for your convenience and therefore you access them at your own risk. Back to the Roots strongly encourages you to review the applicable terms and conditions and/or privacy policies of any such third parties’ linked sites. Nonetheless, Back to the Roots seeks to protect the integrity of this Site and the links placed upon it and therefore requests any feedback on not only this Site, but for external websites it links to as well (including if a specific link does not work).
SMS/MMS Mobile Message Marketing ProgramBack to the Roots (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (“MMS Terms and Conditions”) and Our Privacy Policy (https://backtotheroots.com/pages/privacy-policy) (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these MMS Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions and/or privacy policies which may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, 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”).
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that Our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Back to the Roots and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from Our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of gardening products including, but not limited to, gardening kits, seeds, soils, accessories, planters, or gift cards. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at contact@backtotheroots.com. Please note that the use of this email address is not an acceptable method of opting out of the Program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Disclaimer of Warranty: The Program is offered on an “as-is"” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers may not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, 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 enable you to participate in the Program. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program 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 Program, 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 Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes but is not limited to:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; and
- Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, the parties agree to submit such dispute, claim or controversy to binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Back to the Roots’ principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in Section 10 of the FAA, 9 U.S.C. § 10. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by applicable law or the AAA’s Consumer Arbitration Rules, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. If, for any reason, a dispute proceeds in court rather than in arbitration, to the extent permitted by applicable law, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Any such cause of action or claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises. Back to the Roots’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Back to the Roots may assign its rights and duties under this Agreement to any party at any time without notice to you.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided, is located in Florida, or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: 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. Any updates to this Agreement shall be communicated to you. 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 may be modified.
