Terms and Conditions

Terms and Conditions of Use
Last Updated 11/4/2022

1. DESCRIPTION OF OUR WEBSITE; AGREEMENT TO TERMS OF USE

Rockstar Roots,  LLC welcomes you.  We provide you access to our services through our website located at www.rockstarroots.com and all associated sites linked to www.rocksrarroots.com by Rockstar Roots, LLC, its subsidiaries and affiliates (the “Website”) subject to these Terms and Conditions of Use (the “Terms of Use”).  By browsing or using the Website, or by submitting your content (“User Content”) to us through the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of the Terms of Use.  The Terms of Use may be updated by us from time to time without notice to you.  It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with the Terms of Use, Rockstar Roots, LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.  The Website is the property of Rockstar Roots, LLC.  If you do not agree to any of the Terms of Use, then you are not permitted to use the Website.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

1. INTELLECTUAL PROPERTY

The Website contains material, including, but not limited to software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Rockstar Roots, LLC (collectively referred to as the “Content”).  For avoidance of doubt, Content does not include your User Content, but the Content may be owned by us or third parties.  The Content is protected under any and all applicable laws, including without limitation under trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content.  You may not use the Content except with Rockstar Roots, LLC’s express written consent.  For example, and without limitation, you may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.  If allowed with Rockstar Roots, LLC’s express written consent to use any Content, you must, at a minimum and without limitation as to other requirements, retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  If you violate any part of the Terms of Use, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies that you have made of the Content.

The trademarks, service marks, and logos of Rockstar Roots, LLC (the “Rockstar Roots, LLC Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Rockstar Roots, LLC.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Rockstar Roots, LLC Trademarks, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Rockstar Roots, LLC in writing.  All goodwill generated from the use of the Rockstar Roots, LLC Trademarks inures to our benefit.

1. YOUR USE OF THE WEBSITE

You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use, (iii) in any manner that could damage, disable, overburden or impair this Website, (iv) in any manner that may interfere with any other party’s use and enjoyment of this Website or (v) if you are under 13 years of age.  You may not attempt to gain unauthorized access to this Website through hacking, password mining or any other means.  You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.  Rockstar Roots, LLC reserves the right, in its sole and absolute discretion, to terminate your access to this Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

1. PURCHASES AND OTHER FEATURES

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any goods or services offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific goods or service.

Our obligations, if any, with regard to goods and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.  Rockstar Roots, LLC may make changes to any goods or services offered on the Website, or to the applicable prices for any such goods or services, at any time, without notice. The materials on the Website with respect to goods and services may be out of date, and Rockstar Roots, LLC makes no commitment to update the materials on the Website with respect to such goods and services.

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Rockstar Roots, LLC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Rockstar Roots, LLC retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

(a) Our Contract

After placing an order through our standard order form on our Website, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.

The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.

(b) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Cancellations

Once an online order is submitted, you will not be able to cancel your order. Professional chefs seeking to cancel an order can contact a Product Specialist to inquire about cancelling orders that have not yet shipped.

If your cancellation request was successful, you will receive a confirmation email. Keep in mind, your card may still reflect a temporary authorization hold. This is not an actual charge. Funds will become available once your bank releases the hold.

If you place an order and subsequently cancel it, we may at our sole discretion, charge a 10% cancellation/re-stocking fee.

Risk and Title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate perishable items.

Refund Policy

If you refuse a Product from us:

• Because you have cancelled the Contract between us within the applicable notice period (see Cancellations above), we will process the refund due to you as soon as possible and, in any case, and within 30 days of the day you gave notice. In this case, we will refund the price of the Product in full, and any applicable delivery charges.
• For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will notify you of your refund, if any, via phone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a refund. If all or part of a Product (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item, including any applicable delivery charges.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Warranty

We warrant to you that any Product purchased from us through our Site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks; and
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Availability and Delivery

Your order will be fulfilled within 2 business days of the date it was submitted, absent the occurrence of a Force Majeure Event.

Orders need to be placed by 9 am CST, Monday through Thursday, in order to be processed and have product harvested, packaged and shipped for delivery the following day. Orders placed on Friday thru the weekend will ship on Monday. Orders placed after 9 am CST will be processed the following day.

In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Rockstar Roots, LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Rockstar Roots’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

1. USER CONTENT; LICENSES

As noted above, the Website provides Users the ability to upload User Content to Rockstar Roots, LLC.  You expressly acknowledge and agree that once you submit your User Content through the Website, it may be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available.  YOU, AND NOT ROCKSTAR ROOTS,  LLC, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own User Content.  You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license, but not the obligation, to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.  Your permission given herein is hereby acknowledged to constitute written consent under applicable law.  You also grant us and our sublicensees the right, but not the obligation, to use your User Content, name, likeness, or photograph, if submitted, in connection with any use of the related User Content permitted by the previous sentence and/or to advertise and promote the Website, Rockstar Roots, LLC, and our products and services, which may include off-line print materials, such as cookbooks.

If you submit User Content to us, each such submission constitutes a representation and warranty to Rockstar Roots, LLC that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant to Rockstar Roots, LLC the license to the User Content as set forth above, and that it and its use by Rockstar Roots, LLC and its content partners as permitted by the Terms of Use does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO ROCKSTAR ROOTS, LLC YOU MAY NOT SUBMIT ANY MATERIALS TO ROCKSTAR ROOTS, LLC.

1. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information, trade secrets, or other intellectual property of any third-party.  With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.  Additionally, you acknowledge and agree that email transmissions are never completely private or secure. You understand that any message or information you send us may be read or intercepted by others.

1. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE OR FOR ANY DEFECTS, MALFUNCTIONS, OR FAILURE OF THE PRODUCTS, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS OR USE THE WEBSITE, THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

1. INDEMNIFICATION

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ROCKSTAR ROOTS, LLC, IT’S DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR MISUSE OF THE WEBSITE OR YOUR BREACH OF THE TERMS OF SERVICE.

1. EXTERNAL WEBSITES

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

1. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access or use the Website or its Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

1. SECURITY

Rockstar Roots, LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Rockstar Roots, LLC to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.

1. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms of Use and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

1. DIGITAL MILLENNIUM COPYRIGHT ACT

Rockstar Roots, LLC respects the intellectual property rights of others and complies with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

sales@rockstarroots.com 

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act.  To file a notification with us, you will need to send a written communication that includes at least the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

1. BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms of Use,  the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL.  DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  Any court in Seattle, Washington may enforce the arbitrator’s award.  The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”).  Such disputes will be resolved by the arbitrator as determined under the JAMS Rules.  The arbitration may be conducted in person, through the submission of documents, by phone, or online.  If conducted in person, the arbitration shall take place in Chicago, Illinois.  The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  In addition, we may litigate in court to seek injunctive relief.

1. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

1. MISCELLANEOUS  

YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, THE CONTENT, OR THE TERMS OF USE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  The Terms of Use and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. If any provision of the Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with Applicable Law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Terms of Use will remain in full force and effect. The following provisions will survive any expiration or termination of the Terms of Use: “Intellectual Property,” “Your Use of the Website,” “Purchases and Other Features,” “ User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “External Website,” “Security,” “Compliance with Applicable Laws,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in the Terms of Use.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, the Terms of Use constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  The Terms of Use will inure to the benefit of each party’s successors, assigns, licensees, and sublicensees.

1. VARIATION
   Rockstar Roots, LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. Notices to changes of Term of Use will not be made, it is up to the user to click on the Terms of Use and review any changes.
2. CONTACT INFORMATION

The Website is controlled and operated by Rockstar Roots, LLC. Questions about the Terms of Service should be sent to us at sales@rockstarroots.com