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ROOTS SERVICE TERMS OF USE

These Terms of Use ("Terms") apply to the use of the Roots website and online portal at www.roots.homes or app.roots.homes (the "Site") and the services offered at or through the Site (collectively the "Services"). The Services are provided by Roots Homes Inc. ("Roots", "we", "us" or "our"), and these Terms represent a binding agreement between you as the user of the Site and Services ("you" or "your") and Roots. By accessing the Site, or registering for or using the Services, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately cease use of the Site and Services.

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 20 BELOW BEFORE ACCESSING OR USING THE SITE OR OUR SERVICES.

THE SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY FINANCIAL, REAL ESTATE, OR RELATED ADVICE OF ANY KIND. ANY INFORMATION ON THE SITE REGARDING OR PHOTOS OR VIDEOS REGARDING PROPERTIES ARE FOR INFORMATIONAL PURPOSES AND ARE NOT INTENDED TO BE ANY REPRESENTATION OR GUARANTEE REGARDING THE VALUE, CONDITION, SIZE, FEATURES, SQUARE FOOTAGE OR ANY OTHER ASPECTS OF ANY PROPERTY THAT IS FEATURED ON THE SITE AND SERVICES.

1. Description

The Services assist you to (a) identify and apply to rent residential properties ("Properties" or "Property")), (b) make and manage rental payments, (c) find Properties for sale through a designated broekrage in certain jurisdictions, (d) list properties for sale through a designated brokerage in certain jurisdictions, (e) view and manage other aspects of Properties, Roots profile, and lease, purchase, sale and documents, and (f) for licensed real estate brokers and their agents, we may offer lead generation services. We may also assist purchasers with a concierge service to assume mortgages, trackinging the process of a mortgage assumption, and generally monitoring the financing and closing of a Property transaction. We may also assist sellers by collecting information and facilitating the sale process, tracking showings, offers and counteroffers, and generally monitoring the sale and closing of your Property transaction.

2. Changes

We may from time to time modify, amend or vary these Terms (collectively, "Modifications"). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use these Services after such Modifications are posted to the Site, you are deemed to have accepted such Modifications, except to the extent we need to obtain your consent to such Modifications or notify you by other means under applicable law. If you do not agree to such Modifications after such notice, you should discontinue use of the Site and Services. You further understand and agree that we may change or discontinue the Site or Services or change or remove functionality of the Site or Services at any time at our sole discretion.

3. Lease and Purchase of Properties, Financing and Assumption of Mortgages

These Terms only apply only to your use of the Site and Services. You will be required to enter a separate agreement that will govern your lease or purchase or sale of the Properties or assumption services. In addition, third parties may offer services related to the sale and purchases of Properties or offer financing, including services for the assumption of mortgages. Third parties, such as real estate brokers and agents, will also be required to enter into a separate agreement that will govern their obligations to Roots.

4. Not a Real Estate Broker, Listing Agent or Mortgage Broker

We are not a licensed mortgage broker or real estate broker or agency, and do not fund or offer mortgages or real estate financing services; any listing or brokerage services are provided through a designed broker, a separate entity, which is displayed on any page where listing information is shown. We are merely a technology platform that can be used by you and your licensed mortgage broker or real estate broker or agency. Our Site and Services are a technology platform designed to enable you to connect to opportunities to lease, sell and purchase Properties and manage the application process relating to the same.

5. Brokers/Realtors

Real estate agents, brokers, salespersons, and other professionals are welcome to register for the Services, but may not use the Site or Services to promote their services. You must be properly licensed and in good standing in the state in which you operate; we reserve the right to request information from your and third party sources to confirm your license status. You can include information about your brokerage business in User Content, but you cannot include your brokerage business's general contact information or website addresses. Do not embed any marketing information in affiliated marketing photos or videos, including an agent's name, company or brokerage name, logo, phone number, or email address.

6. Eligibility and Registration

You must be at least 18 years of age or the age of majority in your state of residence, whichever is older, and a resident in the United States to register for and use the Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You can register to use the Services offered through the Site by completing our registration form and creating an account ("Account"). You agree to provide complete and accurate information when registering to use the Site and Services to keep that information updated in your Account.

You agree to keep confidential and not share with any person your Account credentials (password and login id). You are responsible for all activity on your Account whether authorized or not. You should notify us immediately if you believe there has been any unauthorized use or access to your Account or Account credentials.

7. Fees

You can register an Account and generally use the Site and Services without charge, although we reserve the right to charge in the future and for certain kinds of Services. If we do charge for our Services, we will notify users by posting such charges on the Site. If you use Services for which fees are due, you agree to pay those fees using an approved payment mechanism.

Designated brokerages may collect a share of the commission earned by real estate brokers and their agents from the sale of a Property listed on the Site to a user registered on the Site and is a lead that is presented to the agent or broker. The share of commission will be specified in the agreement entered into between the real estate broker and their agents and the designated broker relating to the listed Property and will be paid to the designated broker in connection with the closing of the transaction for the Property. A portion of that commission may be shared with Roots as the technology provider to the extent permitted by applicable law.

8. Privacy

Any personal information that you provide through the Site and Services will be processed and shared in accordance with our Privacy Policy, to which you agree by accessing or using the Site or Services, or registering to use the Services. You agree that we may share your personal information with prospective landlords, sellers, buyers, real estate agents and brokers and mortgage brokers and lenders to the extent related to your lease, sale, purchase or financing of Properties.

9. License

Provided you are in compliance with these Terms, Roots hereby grants you a non-exclusive, non-transferable, revocable license to access and use the online portal at the Site and the Services for your personal non-commercial use ("User License"). All other rights in the Site and Services are reserved by Roots. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately and your access and use of the Site and Services.

You agree not to (i) modify, adapt or translate the Site or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the Site or Services; (iii) modify, translate or prepare derivative works of the Site or Services, or any portion thereof; (iv) make any commercial use of the Site or Services (except to the extent related to the transactions permitted through the Site and Services); or (v) rent, lease, distribute or lend the Site or Services to third parties.

10. Intellectual Property and DMCA/Copyright Policy

"Roots" and associated logos are the trademarks of Roots Homes Inc. The Site and Services and their contents ("Site Contents") are owned by Roots Homes Inc. Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners (collectively "Third Party Trademarks"). The Roots Trademarks, Site and Site Contents and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Roots or the applicable trademark holder. The Site and the Site Contents are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Roots and its licensors.

Roots values and respects copyright laws and expects all users to adhere to these standards. In accordance with this commitment, we have established a policy to terminate the accounts of repeat offenders who infringe on the rights of copyright holders and to request takedowns of infringing material. Please refer to Roots' Copyright Dispute Policy at https://app.roots.homes/cdp for more details.

11. User Content

The Site and Services may contain features that allow you to post or provide information, comments, photos, videos or other content (collectively, "User Content"). You retain the right to your User Content. However, you grant to Roots the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license, and the right to license others, to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public; other use rs shall have the rights to use User Content as granted Roots under this Section 12.

12. Prohibited Uses

You agree not to use the Site or Services in any way, provide User Content or engage in any conduct that:

  • is unlawful, illegal or unauthorized;

  • is defamatory of any other person;

  • is obscene, sexually explicit or offensive;

  • advertises or promote any other product or business;

  • is likely to harass, upset, embarrass, alarm or annoy any other person;

  • is likely to disrupt our Services in any way;

  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringes any copyright, trademark, trade secret, privacy, publicity, or other proprietary right of any other person;

  • advocates, promotes or assists any violence or any unlawful act.

You further agree not to:

  • •        Publish and/or make any use of the Site or Services on any website, media, network or system other than those provided by us, and/or frame, "deep link," "page scrape," mirror and/or create a browser or border environment around any of the Site or Services (or any part thereof);

  • •        Use any "robot," "spider" or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Site or Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Site or Services;

  • •        Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or trademarks and/or variations and misspellings thereof;

  • •        Impersonate any person or entity or provide false information on the Site or Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;

  • •        Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorse you, or any statement you make;

  • •        Reverse look-up, trace or seek to trace another user of the Site or Services, or otherwise interfere with or violate any other user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site or Services without their express and informed consent;

  • •        Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Site or Services or the account of another user or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;

  • •        Probe, scan or test the vulnerability of the Site or Services or any network connected to the Site or Services;

  • •        Upload to the Site or Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;

  • •        Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Site or Services or our systems or networks connected to the Site or Services, or otherwise interfere with or disrupt the operation of the Site or Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies or regulations of such servers or networks;

  • •        Use the Site or Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters," "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising.

We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation, this Section 13. In addition, we reserve the right at our sole discretion to terminate any user's access to the Site and our service if they violate this Section 13 or any other provision of these Terms.

13. Equal Housing Opportunity

Roots is pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity throughout the areas in which we offer Services and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.

14. Third Party Links

The Site and Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively "External Applications") for your convenience. We are not and cannot be responsible for the External Applications' content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.

15. Indemnification

You agree to defend, indemnify, and hold harmless Roots, and its parent company, affiliates, officers, directors, employees, and agents, including the Listing Agents (collectively, "Indemnitees") against any lawsuit, liability, injuries, damages or expense (including attorney's fees) arising from your use of the Site, Services, User Content or breach of these Terms or any financing, sale, leasing or purchase transactions entered into through the Services. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you are obligated to indemnify Indemnitees under these Terms and you will assist Indemnitees in exercising such rights and in defending such third-party claims.

16. Disclaimer of Warranties

We provide the Site and Services on an 'as is' and 'as available' basis without any promises or representations, express or implied. In particular, Roots does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the Site, Services or the Site Contents or any representation or warranty regarding the conditions, features, value or any other aspect of any Properties or any mortgage or other financing product you may obtain. To the fullest extent permitted by applicable law, Roots hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Site or Services is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the Site or Services by you is in compliance with laws or that any information that you transmit in connection with this Site or the Services will be successfully, accurately or securely transmitted.

17. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ROOTS NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE OR THE SERVICES, AND/OR ANY EXTERNAL APPLICATIONS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES, AS APPLICABLE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees' liability arising under or in connection with these Terms and your use of the Site exceed $100.

18. Governing Law/Period For Bringing Claim

These Terms shall be governed by the laws of the State of Delaware, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of Las Vegas, Nevada with regard to any dispute arising out of or relating to these Terms. You agree that you must bring any legal action regarding any claim relating to the Site, Services or these Terms within one (1) year of the date that claim arose or such claim will be deemed forever barred.

19. Arbitration Provision

Unless you opt-out as set forth below, you and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Site or Services ("Dispute") will be resolved in accordance with this arbitration provision ("Arbitration Provision"). However, prior to initiating any Dispute in court or under this Arbitration Provision, each party agrees to attempt to amicably resolve the Dispute. The party making the claim based on the Dispute shall submit the claim in writing ("Written Claim") to the other party before initiating any legal proceeding; such claim shall be made on an individual basis, shall be signed by the party and shall specify in detail the nature of the Dispute. We will send a Written Claim to the email address in your Account or such other address we may have for you; you will send your Written Claim to us at the email address in the Contact Us section below. Neither you nor us may initiate an arbitration proceeding or file an action in court (except for injunctive relief) until thirty (30) days of the other party's receipt of the Written Claim.

If the parties are unable to resolve the Dispute, then the parties agree that the Dispute shall be resolved by binding arbitration in accordance with this Arbitration Provision. You and Roots further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

You and Roots both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Provision doesn't stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

YOU AND ROOTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Roots agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Either you or we may start arbitration proceedings. Any arbitration between you and Roots will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Provision. You and Roots agree that the Federal Arbitration Act ("FAA") applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider's rules shall preempt all state laws to the fullest extent permitted by law. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. The arbitration will take place in Las Vegas, Nevada.

Each party will pay fees in accordance with the AAA Rules. In the event a Dispute is deemed frivolous, the arbitrator may award attorney's fees and costs and arbitration filing fees and arbitrator fees to the prevailing party.

Class and Mass Arbitration Waiver: Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class action or Mass Arbitration or to award relief to anyone but the individual in the arbitration, except as provided in Mass Arbitration Dispute Procedure Section. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a "Mass Arbitration" includes, but is not limited to, instances in which you or Roots are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Roots' behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Arbitration Waiver does not prevent you or Roots from participating in a mass settlement of claims.

Mass Arbitration Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider's rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Arbitration in violation of the Mass Arbitration Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that whether the Mass Arbitration Waiver has been violated will be decided by the Process Arbitrator as set forth in the AAA Mass Arbitration Supplementary Rules before any arbitration can proceed. Roots shall pay any administrative fees or costs incidental to the appointment of the Process Arbitrator under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; the Process Arbitrator shall issue a written decision with findings of fact and conclusions of law; and any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators' resolution of the parties' dispute. If the Process Arbitrator determines that you have violated the Mass Arbitration Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator's or panel of arbitrator's decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to us at the Contact Us email below. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. We may opt out of arbitration by sending written notice of our intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the Process Arbitrator determines that your Dispute is part of a Mass Arbitration. If neither party opts out, then the arbitration shall proceed under the AAA Mass Arbitration Supplementary Rules.

Opt-out: you may opt-out of arbitration by emailing us at the Contact Us email below within thirty (30) days of your first use of the Site or Services or registration of an Account, whichever is earlier. If you do not opt-out within that time period, you will be deemed to have agreed to this Arbitration Provision and to arbitrate Disputes in accordance with it.

If any portion of this Arbitration Provision is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Provision or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Provision; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Real Estate Agents and Brokers: This Arbitration Provision does not apply to any Dispute with a real estate broker or agent or other third party that has a separate agreement with Roots relating to Properties. Such Disputes will be resolved in accordance with dispute resolution provision of that separate agreement; if no dispute resolution provision is set forth in the separate agreement, then Section 19 will apply to the Dispute.

20. Termination

These Terms are effective unless and until terminated by either you or Roots. You may terminate these Terms at any time, provided that you discontinue any further use of the Site and associated Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Site and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Site. Upon any termination of the Terms by either you or us, you must promptly uninstall the Site and cease using the Services.

Any claim for fees and Sections 1, 2, 5, 9, and 11 through 24 shall survive termination of these Terms.

21. Intellectual Property Claims

We respect the intellectual property rights of others and require that users of our Site and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent can be reached at hello@roots.homes. To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;

  • Identify the copyrighted work or other intellectual property alleged to have been infringed;

  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

  • Contain a statement that the information in the written notice is accurate; and

  • Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Designated Agent will be unable to address the listed concern.

22. Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Designated Agent with a written counter-notification that includes the following information:

  • Your physical or electronic signature;

  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

  • We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site and Services who is the subject of repeated DMCA or other infringement notifications.

23. General

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Roots with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Roots as provided herein or otherwise by written instrument signed by Roots. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Roots' prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Roots may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

24. Contact Us

If you have any questions regarding our Site or Services, you can email us at hello@roots.homes.