These Customer Portal Terms of Use (these "Terms") govern your use of the Roots customer portal (the "Portal"). They are an agreement between you and Roots, Inc. ("Roots," "we," "us," or "our"). "You" means the individual using the Portal. Please read these Terms carefully. Sections 12 and 13 limit Roots' responsibility to you.
1. Who These Terms Are Between
Roots makes software that lawn-care companies use to run their businesses. The Portal lets their customers see service information, track technicians, sign estimates, and pay. We provide the Portal on behalf of the lawn-care company that invited you to use it (your "Service Provider"). These Terms are between you and Roots. Your Service Provider's own terms govern the lawn-care services it provides to you.
2. Accepting These Terms
You accept these Terms when you sign in to the Portal, make a payment through it, or sign an estimate through it, whichever happens first. If you do not agree to these Terms, do not use the Portal. You must be at least 18 years old to use the Portal. If you use the Portal for a homeowners association, property management company, or other organization, you confirm that you are authorized to act for it.
3. Roots Is Not Your Service Provider
Your agreement for lawn-care services is with your Service Provider, not with Roots. Roots is not a party to that agreement and is not responsible for the services your Service Provider performs, including scheduling, service quality, pricing, product applications, property damage, refunds, and disputes. Please contact your Service Provider directly about any of these.
4. Payments
(a) Payments you make through the Portal are processed by Stripe, Inc. ("Stripe") on behalf of your Service Provider, and the funds go to your Service Provider. Roots does not receive your payment and does not store your full card number. Stripe's terms and privacy policy also apply to your payment.
(b) If you set up automatic payments, you are giving that authorization to your Service Provider, and you can change or cancel it as your Service Provider allows. Refunds and billing disputes are between you and your Service Provider, or between you and your card issuer or bank.
5. Estimates and Electronic Signatures
(a) Estimates in the Portal are offers from your Service Provider, not from Roots. When you sign an estimate through the Portal, you form an agreement with your Service Provider. Roots is not a party to that agreement. Electronic signatures in the Portal are handled through Dropbox Sign.
(b) You agree to receive estimates, invoices, receipts, and other records electronically, and to sign documents electronically, through the Portal. Your electronic signature has the same effect as a handwritten signature.
6. Text Messages and Calls
(a) Your Service Provider may send you text messages through Roots about your service, such as appointment reminders, arrival updates, estimates, invoices, and payment requests. These messages come from your Service Provider. Consent to receive text messages is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, or HELP for help. Your mobile number and text-message consent are not shared with third parties or affiliates for marketing or promotional purposes.
(b) Calls between you and your Service Provider may be recorded, transcribed, and summarized.
7. Technician Tracking and Estimates
Arrival times and technician locations shown in the Portal are estimates and may not be exact. Lawn measurements based on satellite imagery are also estimates, which your Service Provider uses for pricing. They are not surveys. You may use technician location information only to know when your service will arrive, and not to follow, contact, or monitor a technician for any other purpose.
8. Your Information
Your Service Provider controls the information about you in Roots, such as your name, contact details, property address, service history, and payment records. Roots handles that information on your Service Provider's behalf and as described in the Roots Privacy Policy at rootssuite.com/privacy. If you have a request about your information, such as a request to access, correct, or delete it, please contact your Service Provider first.
9. Signing In
The Portal uses a password or a sign-in link sent to your email address. Anyone who has your password or the link can open your Portal account, so do not forward or share them, and keep your email account secure. Tell your Service Provider right away if you think someone else has used your Portal account.
10. Acceptable Use
You will not:
(a) use the Portal for anything unlawful or fraudulent;
(b) try to access information about anyone else, or any part of the Portal you are not authorized to use; or
(c) interfere with or disrupt the Portal, including by uploading malicious code, using bots or scrapers, or trying to copy, modify, or reverse engineer the Portal.
11. Roots' Rights
Roots and its licensors own the Portal and all rights in it. Roots gives you a limited, personal, non-exclusive, non-transferable, revocable license to use the Portal for its intended purpose while your Service Provider makes it available to you. Roots keeps all rights not expressly granted in these Terms.
12. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ROOTS DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ARRIVAL TIMES, TECHNICIAN LOCATIONS, LAWN MEASUREMENTS, OR OTHER INFORMATION IN THE PORTAL WILL BE ACCURATE. ROOTS MAKES NO WARRANTY ABOUT THE SERVICES YOUR SERVICE PROVIDER PERFORMS.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ROOTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PORTAL, EVEN IF ROOTS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND (B) ROOTS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PORTAL WILL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER THE LAW WHERE YOU LIVE.
14. Indemnity
If a third party brings a claim against Roots because you violated these Terms or the law, you will reimburse Roots for its resulting losses, including reasonable attorneys' fees.
15. Suspension and Ending Access
Roots may suspend or end your access to the Portal if Roots reasonably believes you have violated these Terms or are misusing the Portal. Your access also ends if your Service Provider stops using Roots or removes you from its account. Losing access to the Portal does not change your agreement with your Service Provider or any amount you owe it. Sections 3, 11 through 14, 17, and 18 continue to apply after your access ends.
16. Changes to These Terms
Roots may update these Terms by posting the updated version at rootssuite.com/customer-portal-terms with a new "Last updated" date. Updates apply to your use of the Portal after they are posted and do not apply to any dispute that arose before then. If Roots makes a material change, Roots will show it to you the next time you sign in. If you do not agree to an update, stop using the Portal.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Nothing in these Terms takes away any protection you have under the consumer protection laws of the place where you live that cannot be waived by agreement. You or Roots may bring any claim that qualifies in small claims court. Any other claim must be brought in the state or federal courts located in Delaware, unless the law of the place where you live gives you the right to bring it in your local courts.
18. General
These Terms are the entire agreement between you and Roots about the Portal. If any part of these Terms is found unenforceable, the rest remains in effect. Roots' failure to enforce any part of these Terms is not a waiver. You may not transfer these Terms to anyone else. Roots may transfer them in connection with a merger, acquisition, or sale of assets.
19. Contact Us
If you have questions about these Terms, email us at legal@rootssuite.com or use the contact page on our website. For questions about your service, scheduling, or billing, please contact your Service Provider.