Terms of Use

Welcome to rootfunctionalmedicine.com, the site of Root Functional Medicine, Inc. (the “Root” or “we”).

Certain Definitions. In these Terms of Use:

By using our website (“Site”) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy. Use of the Site is only available to users who are 18 years of age or older and reside in the United States, or its possessions AND territories. Root makes NO claims that the Site OR ANY of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.

Eligibility

By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.

General: On the Root Site, among other things, you can purchase supplements, meals, test kits, subscriptions and other products. You can also find information for how to arrange for a clinical visit/health consultation at Root, links to our affiliate partners, blogs and other external information sites.

Disclaimer: Information on this website is provided for information purposes only, and is not intended as a substitute for the advice provided by your physician or other healthcare professional. No information offered here should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent or cure any disease or condition. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Do not disregard professional medical advice or delay seeking medical care because of something you have read on this website. Always speak with your healthcare professional before taking any medication, nutritional or herbal supplement. Information provided here does not create a doctor-patient relationship between you and any doctor affiliated with this website. 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. 

Binding Agreement: These Terms of Use (the “Terms of Use”) contain the complete terms and conditions that apply to your Use of the Root Site and any Supplement or other product or any Service that you Use through the Root Site. These Terms of Use are a legally binding agreement between you and Root. The Terms of Use will remain in full force and effect as long as you Use the Root Site, such Supplement, other product, and/or any such Service. If you are redirected to fullscript.com, your Use of Supplements or other products and Services that you Use through the Root site will still be governed by these Terms of Use. 

Intellectual Property: Root Functional Medicine, Inc. owns the copyright in all content on the Root Site other than content that is identified as having been written by a third party. While we hope that you will enjoy the Root Site Content for your personal purposes, you may not copy, display or distribute copies of any Root Intellectual Property for any commercial purpose. 

Supplements: The Supplements we offer are not intended to treat disease and include individual vitamins, and other products designed to support your health. Please also view the disclaimer. Different Supplements have different effects on different people. Any herbal supplement, including any Supplement, may cause side effects. Some people are particularly sensitive to certain Supplements. Certain Supplements may adversely affect the effectiveness of birth-control pills. Some Supplements may interact with other medications or cause alterations in lab results. YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY SUPPLEMENT. 

Supplements purchased on our website are NOT available for resale.

No Doctor-Patient Relationship: Your use of the root site or any service or supplement that you may use through the root site and/or your participation in any service offered through the root site, will not create a physician-patient relationship between you and any of the healthcare professionals who provide services at Root.

Representations and Warranties: You represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Use.

Indemnity: You will indemnify and hold harmless Root, Dr. Armstrong, and their affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees made by any third party (which means anyone other than you) due to or arising out of your Use of the Root Site, including, without limitation, any Claim arising from your providing any third party with any Supplements or other products that you have bought through the Root Site.

Links to Other Sites: Links to other websites are simply for your convenience. Links chosen by you to view are at your own risk. We at Root take no liability for any linked sites or their content which may change without notice. Any link to any other website does not imply that we accept any responsibility for the content, safety, reliability, or quality or the materials. Be sure to study the privacy policies and other information about what, how and why a website may collect and use the information you provide.

Shipping:

Supplement orders over $100 ship free. Orders under $100 have an $8 flat rate shipping.

Root ships only to the 48 contiguous states. Root does not ship online orders outside of the United States.

Orders received on a business day by 12:00 Noon EST and in-stock will be shipped that business day.  Orders received after 12:00 Noon EST will be shipped the following business day. Any order placed Friday after 12:00 Noon EST will ship out Monday. Orders ship standard ground.

 

Return Policy for online order and products:

Subject to the terms of this return policy, unused supplements in original condition, within 30 days of in store purchase at Root, may be returned to Root. Unused merchandise in original condition, within 30 days of purchase at rootfunctionalmedicine.com may be returned by mail for a refund (excluding shipping and handling charges).

With the original receipt, within 30 days of purchase:  A full refund of the original purchase amount will be credited to the original form of payment.  If the original payment was by gift card, a store credit will be issued.

Without a receipt or after 30 days: All returns made without a receipt or proof of purchase are subject to Root’s discretion and will be dealt with on a case by case basis.

The following products are NOT refundable:

Additional Gift Card Terms

 

Root is not responsible or liable for lost or stolen packages. We will not replace packages or send refunds for packages that have been marked delivered by our delivery carriers. You are responsible for keeping your own packages safe.

 

Root reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Root will not be liable if for any reason if all or any part of the Site is unavailable at anytime or for any period. From time to time, Root may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Root for losses incurred by Root or another party due to someone else using your account or password. Root has the right to disable any user name, password or other identifier, whether chosen by you or provided by Root, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.

Testing Products

TESTING PRODUCTS NOTICE: Please note, notwithstanding the foregoing, Root Tests are not currently available in the States of New York, New Jersey, or Rhode Island. In addition, such tests are available only to individuals who are over 18 years of age.

Root is NOT your health care provider.

The information provided by Root is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. We engaged the services of a licensed physician or other person authorized by law to order the blood test and to receive your results prior to making your reports available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. The Content and Services (including any reports we provide you) are for informational purposes only. The Services are designed to help support the health related choices that you make. These choices are yours and may require the advice of a health care provider. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Furthermore, you should not interpret any Content or reporting we provide you or any other communications from Root as recommending any specific treatment plan, product or course of action. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services!

If you think you may have a medical emergency, call your doctor or 911 immediately. The Services does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. The Services provides information and answers to certain health questions based on the information you input. The information the Services provides are meant to be considered by you and your physician. Reliance on any information provided by the Services is solely at your own risk.

Root Community Forum

You are responsible for all content that you post, upload, store, transmit, or otherwise provide through the Services (“User Content”). “Public Forum” means a chat area, bulletin board, weblog, blog, posting or email function offered as part of the Services. The Services may now or in the future permit, via Public Forums or other means, the submission, hosting, sharing, and/or publishing of User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Root and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Root including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Root reserves the right to remove or edit your User Content and any other Content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because Content may be posted in real-time, these materials may not always be able to be removed or edited in a timely fashion. Please remember that any User Content you upload to Public Forums will be available to other users, and can be collected and used by anyone with access to the Public Forums. Please carefully consider before you post any sensitive personal or health information to the Public Forums.

Root is not responsible for any unsolicited email you may receive as a result of participating in any Public Forum. Root reserves the right to terminate your ability to access any of Public Forum for any reason and without notice. By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Root a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your User Content to enable us to operate the Services and to make your User Content accessible to you and other users.. You warrant that all so-called “moral rights” in such User Content have been waived. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (“Feedback”), you grant Root a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, and create derivative works for such Feedback for any purpose in connection with our business or Services. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

WITHOUT LIMITATION OF THE FOREGOING, ROOT DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE CONTENT CONTAINED THEREIN.

 

The Sites and/or Site and the content are provided on an “as is” and “as available” basis.

TO THE FULLEST EXTENT PERMITTED BY LAW, Root, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Root makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Root cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Root cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Root cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Root does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.

Root may disable all or any social media features and any links at any time without notice in our discretion.

Limitation of Liability

ROOT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Root IS TO DISCONTINUE YOUR USE OF THE SITE. Root AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Root HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Root’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold Root, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.

Resolving Disputes — Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer service department AT info@rootfunctionalmedicine.com. If Root’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Root has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Root agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Root agrees that it will pay a consumer’s filing fee FOR the arbitration.

You agree to arbitration on an individual basis. IN ANY dispute, NEITHER CUSTOMER NOR Root SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If ANY provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, AND the remaining arbitration terms shall be enforced (but IN NO CASE shall there be a class arbitration).

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the federal arbitration act 9 u.s.c. sec. 1-16 (faa).

Waiver and Severability

No waiver by Root of any of the terms and conditions set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of root to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.