PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
LAST UPDATED: July, 29, 2021
Rootless Living reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting to these Services, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of these Services after such notice is posted means that you accept these changes or updates.
Rootless Living may change, suspend or discontinue any aspect of these Services at any time, including the availability of any feature or content. Rootless Living may also impose limits on certain features and services or restrict your access to parts or all of these Services without notice or liability.
USE OF MATERIALS LOCATED ON THESE SERVICES: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on these Services (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Rootless Living or the party credited as the provider of the material. The entire contents of RootlessLiving.com are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through these Services. No material from these Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer (or other electronic device) for your personal, noncommercial home use, and may print one hard copy of the material on these Services for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Rootless Living or the other designated owner of a posted mark. Elements of these Services are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
SUBMISSIONS AND PUBLIC FORUMS
These Services includes social media, chat areas, message boards, e-mail and other interactive functions (“Forums”) which allow feedback and submissions to Rootless Living and real-time interaction between guests. Only registered guests who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, creating a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the guest’s acceptance of these Terms & Conditions. Registration is subject to Rootless Living’s prior approval and your continued compliance with the terms of these Terms & Conditions. Rootless Living reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Rootless Living (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.
Terms & Conditions directly applicable to use of such Forums include the following:
PURCHASE OF PRODUCTS FROM THESE SERVICES
The purchase of any products from these Services is governed by the terms and conditions of the sales transaction with the provider of the product. ROOTLESS LIVING MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Rootless Living does not have any responsibility for the processing or delivery of products purchased from these Services.
LINKED SITES AND SERVICES
RootlessLiving.com may contain links and pointers to Internet sites maintained by others (“Third Party Sites”). The appearance of a link does not imply Rootless Living’ endorsement. Rootless Living has not reviewed all of the Third Party Sites linked to these Services and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster
LINKING TO THESE SERVICES
You agree that if you include a link from any other web site to these Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of these Services. You are not permitted to link directly to any image hosted on these Services or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on these Services on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to these Services in any manner such that these Services, or any portion of these Services, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to these Services be discontinued, and to revoke your right to link to these Services from any other web site at any time upon written notice to you.
ROOTLESS LIVING LICENSEES
Rootless Living licenses its Rootless Living and other brands to others for use on goods and services (“Third Party Licensees”). The appearance of the brand on these products and services does not mean that these are Rootless Living products or services. Rootless Living makes no warranty of Third Party Licensee products or services. They are products and services offered and sold by independent companies that qualify as Third Party Licensees. Rootless Living is not responsible for these products or services. You purchase and use than at your own sole risk and you should direct any concerns regarding any Third Party Licensee products or services to the appropriate Third Party Licensee company. If you have any questions about the contact information of the Third Party Licensee, Rootless Living will provide contact information from its files for your assistance.
These Services are controlled and operated by Rootless Living from its headquarters in Sioux Falls, South Dakota, United States of America. Rootless Living makes no representation that materials on these Services are appropriate or available for use in other locations. Those who choose to access these Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of South Dakota, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Sioux Falls and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in these Services, constitute the entire agreement between you and Rootless Living in connection with your access and use of these Services.
Rootless Living may, in its sole discretion, terminate or suspend your access to all or part of these Services for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from these Services and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use these Services, and the restrictions imposed on you with respect to materials downloaded from these Services and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained in these Services, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using these Services.
THE MATERIALS IN THESE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROOTLESS LIVING AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THESE SERVICES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE SERVICES AND ANY AFFILIATED WEB SITE OR SERVICES WITH WHICH IT IS LINKED. ROOTLESS LIVING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THESE SERVICES. ROOTLESS LIVING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You hereby agree to indemnify, defend and hold harmless Rootless Living and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Rootless Living and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in these Services. You shall cooperate as fully as reasonably required in the defense of any claim. Rootless Living reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, Rootless Living may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of these Services, that you have granted (or warranted that the owner of such rights has expressly granted) to Rootless Living a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against Rootless Living and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of these Services, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Rootless Living and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, including a valid e-mail address, all of which must be accurate and updated:
SOFTWARE AVAILABLE ON THESE SERVICES
Any software that is made available to download from these Services, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), is the copyrighted work of the indicated author of the Software (“Author”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). A guest to these Services will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. ROOTLESS LIVING MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION
Rootless Living has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Rootless Living removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any guests (including terminating their login and password) and/or block access to the site or services of any guests who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
– Detailed identification of the copyrighted work that you believe has been infringed.
– Detailed identification of the material you claim infringes this copyrighted work.
– Information reasonably sufficient to permit Rootless Living to contact you (e-mail address is preferred).
– The statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
– Your signature.
Send the Infringement Notification to the following address:
By email: [email protected]
Mr. Demian Ross
Rootless Living Magazine,
3916 N Potsdam Ave, #3194, Sioux Falls, SD, 57104
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) – COUNTER NOTIFICATION
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
– Detailed identification of the material Rootless Living has removed.
– Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Sioux Falls, SD if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
– The statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
– Your signature.
Send the Counter Notification to the following address:
By email: [email protected]
Mr. Demian Ross
Rootless Living Magazine,
3916 N Potsdam Ave, #3194, Sioux Falls, SD, 57104