Terms and Conditions

Last updated: October 11, 2024

Thank you for visiting our website ("Site"), which is owned and operated by Rooziv, LLC ("Rooziv," "we," "us," or "our"). By accessing or using any part of the Site, including purchasing our products or utilizing our services, you agree to be bound by these Terms and Conditions ("Terms of Service" or "Terms"). These Terms apply to all users of the Site, including but not limited to browsers, customers, vendors, merchants, and contributors of content. If you do not agree to all the terms and conditions outlined here, you may not access the Site or use any of its services..

1. Modifications to Terms of Service

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may, at any time, revise or modify these Terms of Use or impose new conditions for use of this Site. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on this Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes.

2. Use of Our Services

By using the Site and/or making a purchase from us, you engage in our services ("Service") and agree to comply with all relevant terms and conditions. The Site and its contents are made available to you conditioned on your acceptance of the following Terms, including any additional terms, policies, or notices referenced herein or accessible via hyperlink.

The products and services provided on this Site are intended for individuals who are at least the age of majority in their respective state or province of residence. If you are under the age of majority, you may only use this Site with the involvement of a parent or guardian who agrees to these Terms.

3. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You are prohibited from transmitting viruses, worms, or any malicious code through the Site or engaging in conduct that could harm or damage the Site or its services. Violation of these terms may result in immediate termination of your access to our services.

4. Medical Disclaimer

You hereby acknowledge and agree that Rooziv LLC does not provide any form of medical care, including but not limited to medical opinions, advice, diagnoses, or treatments. Rooziv does not assess the necessity for medical attention via this website or the services provided. The website, services, and content offered herein are intended solely for informational purposes and should not be construed as a substitute for professional medical advice, diagnosis, or treatment.

Under no circumstances should you use the information available on this website for the purpose of diagnosing or treating any health condition or disease, or for the prescription of any medication or other form of treatment. It is imperative that you consult your physician or another qualified healthcare professional prior to initiating any medication, dietary supplement, or herbal remedy, as well as for any inquiries you may have concerning a medical condition.

You should never disregard or delay seeking professional medical advice due to any information obtained from this website, the services, or the content presented. In the event of a medical emergency, you should immediately contact your physician or dial 911. Your reliance on the information provided through this website, services, and content is undertaken solely at your own risk.

This information is for educational purposes only and is not a replacement for FDA guidelines. It should not be used for diagnosing, treating, curing, or preventing any disease, nor for prescribing treatment for any condition. The statements made here and on the product labels have not been evaluated by the Food and Drug Administration. Unless otherwise noted, claims related to products and health conditions have not been reviewed by the FDA. Any reliance on information provided by Rooziv, its team, individuals featured on the site at Rooziv’s invitation, or other visitors is at your own risk.

5. Account Management and Security

When using this Site, you agree to provide accurate, current, and complete personal information. You are also responsible for ensuring that your information remains up to date. Should you create an account on this Site, it is intended solely for your personal use, and it is your responsibility to safeguard your username and password. Any actions taken through your account, whether by you or someone else, will be your responsibility. If you believe that your account has been accessed without permission, you agree to change your password immediately and inform us of any suspected unauthorized activity, such as the loss, theft, or misuse of your account credentials. Until we are informed, you remain liable for any unauthorized account activity.

At the time of your first order, we will collect your shipping and payment details. You also acknowledge that we may update your payment method based on information provided by your financial institution or other authorized sources.

6. Product and Service Descriptions

Through our Services, Rooziv LLC offers dietary supplements for sale (hereinafter referred to as “Products”). These Products are made available to you through packaged deliveries on either a single purchase basis (“Purchase”) or a subscription model (“Subscription”). We extend access to the Website and Services as outlined below.We strive to describe our products accurately, but we do not guarantee that the descriptions, pricing, or other content available on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors or omissions at any time.

7. Order Processing and Payment Terms

Order Placement and Payment Agreement

When placing an order through our website, you agree to pay the price for the product at the time of your order, in addition to any delivery charges associated with your selected shipping method and applicable taxes. By initiating a transaction, you authorise us to transmit your payment information to our third-party payment processor to facilitate the order and to charge the payment method you have specified.

To ensure the security of your transaction, you may be asked to provide additional information for identity verification. If your payment method is declined, we will continue to attempt to process the transaction until it is approved. Should we be unable to complete your order, we reserve the right to contact you directly to obtain updated account information.

All sales processed within the United States will be subject to U.S. law. Rooziv shall not be responsible for any charges or fees incurred by your bank or credit card provider. Digital gift cards are valid only when purchased directly from our website, and we will not assume responsibility for gift cards obtained through unauthorized channels. We also reserve the right to cancel or refuse gift card transactions and orders that appear fraudulent or violate our policies.

Confirmation of Orders and Acceptance Conditions

An order confirmation received from us does not indicate that your order has been accepted or that we are obligated to fulfill it. We reserve the right to accept, reject, or cancel any order in whole or in part at our discretion, for any reason. This includes limitations on the quantity of products purchased by an individual, household, or order, which may apply to orders associated with the same customer account, credit card, or billing and shipping addresses.

Should we make any changes to or cancel an order, we may attempt to notify you using the email address provided at the time of the order. We also reserve the right to refuse orders that, in our judgment, appear to originate from dealers, resellers, or distributors. Prior to accepting an order, we may request additional verification or information.

If an order is canceled, whether partially or completely, the only thing we can do is refund the amount charged for the canceled items, assuming your payment method was charged before the cancellation. If any items are canceled, you won’t be charged for them.

Errors, Inaccuracies, and Omissions

We work hard to ensure the information on our site is accurate and up-to-date. However, mistakes do happen. However, despite our best efforts, there may be occasional errors, inaccuracies, or omissions in product or service details. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or amend the information on our site at any time, without prior notice. This includes the right to cancel orders if any information on our site or any related website is found to be inaccurate, even after your order has been submitted. We acknowledge that such situations may be inconvenient and appreciate your understanding.

If a product is listed at an incorrect price or with inaccurate information, Rooziv reserves the right to cancel or refuse any order placed under those conditions before confirming it, even if your payment has already been processed. If your card has been charged and we need to cancel your order, we'll refund the full amount back to your card.

Please note that we aren’t obligated to continuously update or revise information on our site, including pricing, unless the law requires us to. Any mention of an update or refresh date doesn’t mean that all the information on the site has been modified unless specifically stated.

8. Product Information and Shipping Policies

The information regarding dietary supplements available on our website is provided for general informational purposes. While we make every effort to ensure that the descriptions of our Products are accurate, we do not guarantee their completeness, reliability, or error-free quality. If a Product does not meet the description provided, your sole recourse is to return the item in its original, unused condition. Rooziv retains the right to change, suspend, or terminate the availability of any Product at any time without prior notice, and we will not be liable for any such changes.

Upon purchasing Products from our site, Rooziv will manage the shipping process to deliver your order. All shipping and handling fees, as outlined during the ordering process, are your responsibility and serve to cover our costs associated with processing, handling, packaging, and delivering your order. Please note that any delivery timelines provided are estimates and are not guaranteed; Rooziv cannot be held accountable for shipping delays. We also reserve the right to deliver your order in multiple shipments.

Title and risk of loss transfer to you once the Products are handed over to the shipping carrier. Therefore, Rooziv holds no responsibility for any loss or damage incurred during transit. Any claims related to loss, shortages, or damage must be directed to the shipping carrier following delivery.

9. Subscription Terms

By subscribing to our Products through our website, you will receive regular shipments based on your selected delivery schedule. Your subscription will automatically renew at the specified intervals until you choose to cancel it. There are no additional fees associated with your subscription beyond the cost of the Products and any applicable shipping charges.

At the end of your initial subscription term, your subscription will renew automatically on the first day following that term (the "Renewal Date") for an additional period at the prevailing price. To avoid renewal, you must cancel at least three business days before the Renewal Date by accessing your account or by contacting us. Failure to cancel within this time frame will result in continued subscription, requiring you to wait until the next renewal opportunity to cancel. Rooziv reserves the right to suspend or terminate your subscription at our discretion.

By opting for a Subscription Service, you acknowledge that it includes an initial and recurring payment feature. You accept responsibility for all recurring charges prior to the effective cancellation date, with all recurring payments deemed fully earned upon payment.

To modify or cancel your Subscription Services, access your account or contact us at hello@rooziv.com. If you terminate a Subscription Service, it will not renew after the expiration of your current term. We may initiate periodic charges (e.g., monthly) without requiring further authorization from you until we receive prior notice - acknowledged by us - indicating that you have canceled this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on it.

Please note that the price of recurring charges may differ from that of your initial order.

10. User Contributions, Comments, Feedback, and Other Submissions

Any content that you submit, transmit, or otherwise make available through our Services, including but not limited to reviews, comments, suggestions, and other forms of feedback, shall be collectively referred to as "Contributions." You retain ownership of your Contributions; however, by submitting such content, you grant Rooziv LLC an irrevocable, perpetual, worldwide, royalty-free, and fully sublicensable license to utilize, reproduce, modify, adapt, publish, translate, distribute, and display your Contributions in any media and for any purpose, whether commercial or non-commercial.

By making a Contribution, you represent and warrant that: (i) you are the rightful owner of the Contributions or possess all necessary rights to share them; and (ii) you provide Rooziv LLC with the permission to incorporate any suggestions contained in your Contributions into future products or services without any obligation for compensation or reimbursement of any kind.

Rooziv LLC reserves the right, but is not obligated, to monitor, review, modify, or remove any Contributions that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violate these Terms or the rights of any third party.

You agree that you will not submit any Contributions that:

Are threatening, abusive, defamatory, obscene, pornographic, or could result in civil or criminal liability under applicable laws.
Include hate speech, slurs, or attacks based on race, color, gender, age, religion, national origin, disability, sexual preference, or gender identity.
Encourage conduct that undermines a safe and comfortable environment for all users, including bullying or any harmful, harassing, vulgar, or discriminatory behavior.
Violate any applicable local, state, federal, or international laws or create civil liability.
Infringe upon the rights of any third party, including intellectual property rights or rights of privacy.

You shall not use a false email address or impersonate any person or entity in a misleading manner regarding the origin of any comments. You are solely responsible for the accuracy of your Contributions. Rooziv LLC accepts no responsibility for any comments made by you or third parties.

Furthermore, you shall not upload or transmit any materials that contain viruses, worms, malware, corrupted files or data, Trojan horses, or any other harmful components that could damage or impair the functionality of our Services. Any other content that Rooziv LLC, in its sole discretion, deems offensive or harmful to our Services or business is strictly prohibited.

11. Intellectual Property Rights

Ownership and Protection of Intellectual Property

This website, along with all associated content, is safeguarded by relevant intellectual property laws, including but not limited to those enforced in the United States and other nations. All content and intellectual property rights associated with this site are either owned by Rooziv or are utilized with the explicit permission of the rights holder, thereby ensuring protection under applicable copyright and trademark regulations.

The inclusion of any content on this website does not imply a relinquishment of rights regarding that content. Users do not obtain any ownership rights merely by accessing or viewing the content available on this site. Unless expressly stated otherwise, no content may be utilised, reproduced, distributed, republished, downloaded, altered, displayed, posted, or transmitted in any manner or by any means, whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Rooziv.

Permission is granted solely for the lawful access and use of this website, permitting the temporary display, download, or printing of selected portions for personal, educational, and non-commercial purposes. Such use is contingent upon the following conditions: (i) the content must remain unaltered; (ii) all copyright and proprietary notices must be preserved; and (iii) the content must not be copied or disseminated over any network or broadcast via any media without prior written approval from Rooziv.

Notification and Response Procedure for Copyright Infringement

Rooziv, LLC is dedicated to respecting the intellectual property rights of others and complies with all applicable legal standards. We will thoroughly investigate any claims of copyright infringement that we receive and will promptly remove any content or user submissions found to violate such laws.

In accordance with the Digital Millennium Copyright Act (the "Act"), our designated agent for receiving Notifications of Claimed Infringement is as follows:

Rooziv, LLC
Email: hello@rooziv.com

If you believe that your copyrighted work has been utilized on our Website or in connection with our Services in a manner constituting infringement, we encourage you to notify us via email. Your notice should include the following details: (i) a comprehensive description of the copyrighted work you claim has been infringed and the specific location on our Website or Services where it is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your contact information, including your address, telephone number, and email address; (iv) a statement confirming your good faith belief that the disputed use is not authorized by the copyright owner, their agent, or the law; (v) a statement made under penalty of perjury affirming that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and (vi) a digital signature of the copyright owner or an individual authorized to act on behalf of the copyright owner.

12. Warranties and Disclaimers

Disclaimer of Warranties

The website, along with all associated products and services (collectively referred to as "Services"), is provided on a strictly "as is" and "as available" basis. Rooziv (hereinafter "we," "us," or "our") does not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of our Services will be accurate, reliable, or meet your expectations.

You acknowledge that from time to time, we may remove the services for indefinite periods or cancel the services at any time without prior notice to you. You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all products delivered to you through our services are provided without any representations, warranties, or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Rooziv, including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors (collectively referred to as "Released Parties"), be liable for any injury, loss, claim, or any damages of any kind, whether direct, indirect, incidental, punitive, special, or consequential. This encompasses, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, irrespective of whether such claims arise from contract, tort (including negligence), strict liability, or any other legal theory related to your use of our Services or any products obtained through the Services.

Additionally, this includes any claims arising from your use of the Services or any products, including any errors or omissions in content, or any loss or damage incurred as a result of using the Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if we have been advised of the potential for such damages.

In the context of any warranty, contract, or common law tort claims: (i) we shall not be liable for any incidental or consequential damages, lost profits, or damages arising from lost data or business interruption due to the use or inability to access and utilize the Services or the content, even if we have been informed of the likelihood of such damages; and (ii) any direct damages you may experience as a result of using the Services or the content will be limited to the total amount you have paid us in connection with your use of the Services during the two (2) months immediately prior to the events leading to the claim.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Rooziv's liability will be limited to the maximum extent permitted by law.

The website may contain typographical errors, technical inaccuracies, or omissions. Rooziv is not responsible for any such errors or omissions and reserves the right to make changes, corrections, and improvements to the website and its services at any time without notice.

You should always consult your physician or medical advisor before starting any diet, exercise, or supplementation program. Always review the product packaging, labels, and any additional information provided by the manufacturer before using any product purchased from our websites. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Rooziv, on behalf of its directors, officers, employees, agents, suppliers, licensors, affiliates, vendors, and service providers, excludes and disclaims liability for any losses and expenses of whatever nature and however arising. This includes, without limitation, any direct, indirect, general, special, punitive, incidental, or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character. This applies even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or the services. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or otherwise.

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed twenty dollars ($20.00).

14. Personal Information

By utilizing the Services, you acknowledge and consent that certain Personal Information may be transmitted to Rooziv LLC. The collection, use, and handling of such Personal Information are governed by our Privacy Policy, which is accessible at https://rooziv.com/policies/privacy-policy. This Privacy Policy is hereby incorporated into these Terms in its entirety by reference and shall apply to all Personal Information collected through your use of the Services.

15. Prohibited Conduct

You are expressly forbidden from using this website or its content in any manner that violates the law or our standards of conduct. This includes, without limitation:

(a) Engaging in illegal activities or actions that breach any applicable laws or regulations, whether international, federal, state, local, or otherwise;

(b) Encouraging or assisting others to commit illegal acts or engage in behavior that violates these laws or regulations;

(d) Participating in harassment, abuse, intimidation, discrimination, or any other harmful behavior directed toward individuals or groups based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(e) Disseminating false or deceptive information that misleads or misrepresents facts;

(f) Introducing or transmitting harmful software, such as viruses or other malicious code, that could damage or impair the performance of this site, its services, or any related systems or networks;

(g) Attempting to collect, harvest, or otherwise obtain personal data belonging to other users without consent;

(h) Engaging in activities like sending unsolicited messages (spam), phishing, hacking, pretexting, or using automated methods to scrape or crawl the site;

(i) Using the site for unethical, obscene, or inappropriate purposes;

(j) Interfering with or attempting to bypass the security mechanisms we have put in place to protect the Services, the website, or its associated systems;

(k) Any material containing or involving personal health data, as safeguarded by regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Health Information Technology for Economic and Clinical Health (HITECH) Act, must adhere to strict privacy protections;

(l) Any content that contravenes the legal standards applicable within the originating jurisdiction is strictly forbidden.

We retain the authority to revoke your access to the website and its services immediately if we believe, in our sole judgment, that your actions violate these terms or compromise the safety and integrity of our services or the community. Additionally, any such termination may be accompanied by further legal action or other remedies available to us under the law.

16. Changes to Products, Services, and Pricing

Rooziv retains the absolute right to alter or discontinue any aspect of its products, services, or features on the website at its discretion, with or without prior notification. This includes making adjustments to product descriptions, availability, pricing, or any other relevant details. Additionally, Rooziv may, at its sole discretion, restrict the sale of its goods or services to particular individuals, geographic areas, or jurisdictions. You acknowledge that Rooziv shall not be held liable to you or any third party for any adjustments, limitations, suspensions, or terminations of its products, services, or features.

We do not make any guarantees that the products, services, information, or materials obtained through the website will meet your personal expectations. Rooziv is not responsible for any discrepancies between your expectations and the quality of the goods or services provided.

Periodically, we may introduce special promotions that could impact pricing or other terms. Such offers will be subject to their own terms and conditions, which may override or supplement these Terms of Use. In instances where there is a conflict between the specific terms of a promotion and the general Terms of Use, the promotional terms will take precedence.

17. Consent to Other Agreements

When you use our website, you might come across certain features or services that have their own set of terms and conditions. If you decide to use one of these features, you’ll likely be asked to agree to what’s called a "click-through agreement" – this usually means checking a box or clicking a button that says "I agree."

These click-through agreements are binding and might have terms that are different from the general Terms of Use for the rest of the site. In that case, the terms of the click-through agreement will apply just to the specific feature or service you're using. If there’s any conflict between the click-through terms and the general terms, the click-through terms win – but only for that particular feature or service. Everything else in our general Terms of Use still applies unless the click-through agreement says otherwise.

By agreeing to the click-through terms, you're confirming that you accept any extra rules or changes, but just for that specific feature or service. These click-through agreements will either add to or adjust the general Terms of Use, but only for the things they cover.

18. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

19. Jurisdictional Limitation: United States

Unless expressly stated otherwise, this website and the information contained herein are intended exclusively for the promotion of products and services within the United States, including its territories, possessions, and protectorates.

20. Age Restrictions

Due to the inherent nature of the internet, we cannot effectively restrict access to our Website by minors. Therefore, all purchases of goods or services must be conducted by individuals who are at least eighteen (18) years old. Users who wish to register on our Website must also be eighteen (18) years of age or older, or provide appropriate parental consent as outlined in our Privacy Policy.

By engaging with the Platform, you affirm that you are of legal age in your jurisdiction to use our services. If you are under eighteen (18), you must have explicit permission from a parent or legal guardian to access or interact with the Platform.

21. Accounts

By creating an account with us, you represent and warrant that you are at least eighteen (18) years of age and that all information you provide is accurate, complete, and current at all times. Failure to provide accurate, complete, or up-to-date information may result in the immediate termination of your account and access to the Service.

You are solely responsible for maintaining the confidentiality of your account and password, which includes, but is not limited to, restricting access to your computer and account. You agree to assume responsibility for all activities and actions that occur under your account and password, whether such password is used in connection with our Service or any third-party service. You must notify us immediately if you become aware of any security breach or unauthorized use of your account.

You may not select as a username the name of another person or entity or any name that is not lawfully available for use, including any name or trademark that is subject to the rights of any third party without appropriate authorization. Furthermore, you may not use a username that is offensive, vulgar, or obscene.

We reserve the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders as we deem necessary.

22. Indemnification

You agree to indemnify, defend, and hold harmless Rooziv, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors, licensees, assigns, and any other related entities (collectively referred to as “Released Parties”) from any and all claims, demands, liabilities, losses, or expenses (including reasonable attorneys’ fees and legal or accounting fees) arising out of or related to:

a. Your breach of any term within these Terms of Service or any other documents incorporated by reference;

b. Your use or misuse of the Website, Content, or Services in violation of these Terms of Service, including any breach of your representations and warranties;

c. Your violation of any law, regulation, or third-party right, including but not limited to intellectual property, privacy, or property rights;

d. Any material or content you post, upload, or transmit through our Services that causes liability to Rooziv or any Released Parties; and

e. Any claims arising from your failure to comply with applicable laws, regulations, or any third-party agreements.

We reserve the right to assume exclusive control over the defense of any claim for which you are obligated to indemnify us. In such an event, you agree to cooperate fully and provide us with any information, assistance, or cooperation we may reasonably request in defending the claim.

This indemnification applies irrespective of whether the claim arises from contract, tort (including negligence), strict liability, or any other legal theory. The Released Parties shall not be liable for any indirect, incidental, punitive, or consequential damages arising out of or related to your use of the Website or Services. You further agree that your indemnity obligations under this section will survive the termination or expiration of these Terms of Service and your use of the Services.

23. Arbitration and Dispute Resolution

In the event of a disagreement, claim, or controversy related to this Agreement, the services provided by us, or any other products and services offered (collectively, a "Dispute"), either party may elect to resolve the Dispute through binding arbitration in accordance with the Federal Arbitration Act (“FAA”). Such a decision to arbitrate shall be final and binding upon 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. Arbitration is distinct from court proceedings, with limited discovery and appeal rights.

Arbitration will be conducted by either the Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or the Centro de Arbitragem Comercial (CAC) in Portugal, under their respective rules and procedures, including expedited or streamlined arbitration processes where appropriate. These rules and procedures can be accessed via their respective websites. Arbitration shall take place in either Wyoming or Portugal, as mutually agreed by the parties. In the event that the parties cannot agree on an arbitrator within ten (10) calendar days of the arbitration demand being served, either party may petition JAMS, AAA, or CAC to appoint an arbitrator with at least five years of relevant experience in arbitration and expertise in the subject matter of the dispute.

All disputes, claims, or controversies arising out of or relating to this Agreement—including federal or state statutory claims, common law claims, or any breach, termination, enforcement, interpretation, or validity of the Agreement—shall be resolved exclusively through binding arbitration. The arbitrator shall have the authority to determine the enforceability and interpretation of this arbitration agreement in accordance with the applicable law, either under the Federal Arbitration Act ("FAA") or the Portuguese Arbitration Law (Law No. 63/2011), along with the relevant provisions of the Portuguese Civil Procedure Code. The arbitration decision will be final and binding on both parties, with a limited right of appeal. Appeals will be governed either by Section 10 of the FAA or by Article 42 of the Portuguese Arbitration Law. The choice of law applied will depend on the jurisdiction in which the arbitration is held. For disputes arising in the United States, the FAA and its related provisions will govern. For disputes arising in Portugal, the arbitration will be governed by Portuguese Arbitration Law, with the arbitration being conducted in accordance with the Centro de Arbitragem Comercial (CAC) rules.

The parties acknowledge that the arbitrator has the authority to award attorneys’ fees only as expressly permitted by applicable statute or contract. The arbitrator shall not have the authority to grant punitive damages, and both parties hereby waive any right to pursue or recover punitive damages related to any dispute resolved through arbitration. You acknowledge and agree that any arbitration or proceeding shall be confined solely to the Dispute between us and you individually. To the fullest extent permitted by law: (i) no arbitration or proceeding shall be consolidated or 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 employ class action procedures; and (iii) there is no right or authority for any Dispute to be initiated in a purported representative capacity on behalf of the general public or any other individuals. Furthermore, the parties agree that arbitration will occur solely on an individual basis; class arbitration or claims brought as a plaintiff or class member in any representative arbitration proceeding are not permitted. Except as required by law, the confidentiality of the arbitration process shall be maintained, with neither the arbitrator nor the parties disclosing the existence, content, or outcome of any arbitration without prior written consent, except where necessary 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 agreement will survive the termination or cancellation of your participation in any of our programs.

The arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. 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 reasoned decision. The parties also agree that emergency measures of protection will be governed by the applicable rules of the AAA or other arbitration service, in place of seeking emergency relief from a court.

Additional Terms: You hereby represent and warrant that you possess all requisite rights, powers, and authority to enter into this Agreement and fulfill your obligations herein, and that your execution and performance of this Agreement will not result in a breach of any other contract or obligation to which you are a party. The failure of either party to exercise any right or remedy under this Agreement shall not be construed as a waiver of any other rights or remedies available under this Agreement or by law.

In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall be construed to be limited or eliminated to the least extent necessary so that the remaining provisions of this Agreement shall continue in full force and effect.

All new features, modifications, updates, or enhancements to the Program shall be governed by the terms of this Agreement unless expressly stated otherwise in a written amendment to this Agreement. We reserve the right to amend this Agreement at our discretion. Any amendments shall be communicated to you in a timely manner. You acknowledge your obligation to periodically review this Agreement and remain informed of any modifications. By continuing your participation in the Program following any such changes, you signify your acceptance of the Agreement as amended.

24. Governing Law and Jurisdictional Provisions

These Terms of Service, along with any separate agreements under which we provide you with Services, shall be governed by and construed in accordance with the laws of the United States.

The Website and Services are operated within the United States. We make no representations or warranties regarding the appropriateness of the Content for download, viewing, or use in jurisdictions outside the United States. If you access the Website, Services, or Content from outside the United States, you do so at your own risk, and you are solely responsible for ensuring compliance with the laws applicable to your jurisdiction.

You hereby consent to the exercise of jurisdiction over you by the courts of the United States and waive any objections to the venue in such courts. Notwithstanding the foregoing, we reserve the right to initiate legal proceedings in any jurisdiction where we believe that a violation of these Terms of Service is occurring or has originated.

25. Termination Rights

The obligations and liabilities incurred by the parties prior to the effective date of termination shall survive the termination of this Agreement for all purposes.

These Terms and Conditions shall remain in effect until terminated by either party. You may terminate these Terms and Conditions at any time by providing us with written notice of your intent to discontinue the use of our Services, or by ceasing to use our Site.

In the event that, in our sole discretion, you are found to have failed, or if we have reasonable grounds to suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we reserve the right to terminate this Agreement immediately and without prior notice. In such an instance, you shall remain liable for all amounts owed up to and including the date of termination, and we may deny you access to our Services, or any part thereof, as deemed appropriate.

26. External Website Links

This website may include links to third-party sites that are independently operated by other entities. As we have no control over these external sites, we cannot guarantee their availability, nor do we endorse or assume any responsibility for the content, products, services, advertising, or any other materials available on or through these third-party sites. Any use of or reliance on such materials is done solely at your own risk. We are not responsible, directly or indirectly, for any harm or loss caused by or related to your use of or reliance on any content, services, or products available from these third-party sites.

Please note that the terms and conditions of our website do not extend to third-party sites. Your access and use of such external links are governed by the respective terms and policies of those sites, and we encourage you to review them independently. Rooziv is not liable for any damage or loss, whether directly or indirectly incurred, in connection with the use of, or reliance upon, any content or materials provided by third-party websites. Furthermore, we do not provide any guarantees regarding the accuracy or reliability of the information hosted on these external sites. We advise caution when downloading any files from these websites, as doing so may expose your device to risks such as viruses or malicious programs. Should you choose to visit or interact with external websites through links provided on our site, you assume full responsibility for such actions and proceed at your own risk.

27. Use of Third-Party Tools

We may offer access to tools provided by third-party vendors, over which we have no control, oversight, or involvement. By choosing to use these tools, you acknowledge and agree that they are made available to you on an “as is” and “as available” basis, without any warranties, guarantees, or representations from us. We do not endorse these tools, nor do we make any promises regarding their functionality or suitability.

We expressly disclaim any liability arising from your use of these third-party tools. Your decision to use them is made entirely at your own risk and discretion, and it is your responsibility to ensure you understand and agree to the terms imposed by the third-party providers.

Additionally, we reserve the right to introduce new services, features, tools, or resources through our website in the future. Such new offerings will be governed by these same Terms of Service unless otherwise stated.

28. Privacy Policy

When you agree to these Terms of Use, you're also agreeing to our Privacy Policy, which is included as part of these terms. We recommend taking a moment to review the Privacy Policy before you use our site. Any information you share with us through your use of the site will be treated according to the guidelines in our Privacy Policy.

If there happens to be any conflict between what’s stated in these Terms of Use and what’s in the Privacy Policy, the rules laid out in these Terms of Use will take priority.

29. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

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

30. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be unlawful, invalid, void, or unenforceable, that provision will be deemed unenforceable but only to the extent necessary to comply with applicable law. However, the remainder of the provision will still be enforceable to the maximum extent legally permitted.

The invalid portion will be treated as if it is severed from these Terms of Service, meaning it will be removed, but the rest of the document will continue to be effective and binding. The removal of one part will not affect the validity, enforceability, or effectiveness of the remaining provisions, which shall continue to function as intended to the fullest extent allowed by law.

In cases where a provision is held contrary to law, it will be reformed and interpreted to align as closely as possible with the original intent, while still complying with legal requirements.

This severability clause ensures that if one part of the agreement is found invalid or unenforceable, it does not undermine or cancel the entire agreement; the rest remains intact and continues to operate effectively.

31. Waiver and Entire Agreement Clause

The failure of Rooziv at any time to enforce any provision of these Terms of Service or to exercise any right or remedy provided under these Terms shall not constitute a waiver of such provision, right, or remedy, nor shall it limit the right to enforce such provision or exercise such right or remedy at a later time. Any waiver must be in writing and signed by an authorized representative of Rooziv. Unless explicitly stated otherwise in such written waiver, no waiver of any breach of any provision shall be deemed a waiver of any subsequent or continuing breach of the same provision, nor shall it constitute a waiver of the provision itself or any other rights or remedies under these Terms.

Furthermore, these Terms of Service, along with any policies or operating rules posted by Rooziv in relation to the Services, constitute the entire agreement and understanding between you and Rooziv, superseding any prior agreements, communications, or proposals, whether oral or written. In the event of any ambiguities in the interpretation of these Terms, such ambiguities shall not be construed against the drafting party.

32. Amendments to the Terms of Service

The most current version of the Terms of Service is available for review at any time on this page. We reserve the exclusive right to amend, modify, or replace any portion of these Terms of Service at our discretion by publishing updates and modifications on our website. It is your obligation to periodically review our website for any such changes. Your continued use of or access to our website or the Services after the posting of any modifications to these Terms of Service shall be deemed as your acceptance of those changes.

33. Violations

Rooziv LLC retains the right to pursue all legal and equitable remedies for any violations of these Terms of Use. This includes, but is not limited to, the right to restrict access to the Site from specific Internet addresses and to report any unlawful or unauthorised usage of the Site to the appropriate law enforcement authorities.

34. Contact Information

If you have any questions or feedback regarding these Terms of Use or the website, feel free to reach out to us at hello@rooziv.com.