Website Terms of use
This website, WellRooted, is owned and operated by K White Photographs, a business company operating under the laws of Florida, United States of America. In these Terms of use, we refer to Well Rooted and the terms you refer to any individual user of our site or if you are using this site on behalf of your employer, means both you and your employer.
NOTICE: It is your responsibility to carefully read these Terms of Use prior to using our Site or
purchasing or accessing any of our services, products and free or paid offerings, content, webinars,
courses or resources Well Rooted offers. These Terms govern and
define your use of the Site and Services and are legally binding on you.
USE OF OUR SITE AND SERVICES
When you accessed our Site or opted-in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.
By using our Site or by clicking to accept these Terms of Use you accept and agree to be
bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are at least 13 years of age. If you are not at least 13 years of age, you are not allowed to use our Site. If you are using this Site on behalf of your employer,you guarantee that you have the authority to bind your employer to the Terms. If you do not meet these requirements, you must stop using our Site.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our
Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or
discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We
are not liable to you or any third-party for any modification, price change, suspension or discontinuation
of any Services.
If you wish to have any of your personal information and/or access to our Site removed, you may email
and we will make reasonable efforts to do so. More information about how we
us at: [email protected]
COURSE USE AND CONSENT
When you purchased or opted-into any Services, including any online course on our Site, you were given
reasonable notice that these Terms of Use existed. By purchasing and accessing Services you implicitly
agree to abide by these Terms of Use, confirm you are aware of any disclaimers, and acknowledge and
agree to our Privacy Policy. Failure to abide by these terms may result in our termination of your use of
any Services.
By purchasing or accessing any Services, you further warrant to us that you are at least 18 years old or
the applicable age of majority in your jurisdiction. Purchasing or accessing our Services if you are a minor
is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our
Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or
discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We
are not liable to you or any third-party for any modification, price change, suspension or discontinuation
of any Services.
If you wish to have any of your personal information and/or access to our Site removed, you may email
and we will make reasonable efforts to do so. More information about how we
us at [email protected]
Fees
Fees are as listed on our Site and in US dollars. We reserve the right to change our Fees at any time and without notice.
Refunds
WE DO NOT PROVIDE REFUNDS.
Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your
financial information stored in any third-party payment processor we may use until your payment has
been received in full and in accordance with any other payment terms accepted at the time of checkout.
Subscriptions
Subscription purchases are delivered automatically based on the preferences you set in your
account. By selecting the subscription option, you are authorizing us to charge your credit card for
future purchases based on the quantity and frequency you have specified. You accept responsibility for
all recurring charges prior to cancellation. You can change or cancel your subscription at any time.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos,
taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual
Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise.
All content on the Site and in any Services is proprietary to us and you may not modify, whether in
whole or in part, and of our Intellectual Property as this is a violation of federal law.
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any
way including re-posting or republishing any of our Intellectual Property to any third-party website or
social media platform for any purpose whatsoever.
Linking to our Site and Social Media
Before you link to our website or social media, please ensure you are following our guidelines for doing
- If you wish to link to our Site as a source for a blog, article, or other marketing or promotional
purpose you are required to include a direct link to our Site in the cited material. You are not permitted
to share copied information or content from our Site without our express, written permission. All links
to our Website must establish that you do not have any association or endorsement from the Company
(absent a separate affiliate agreement, influencer agreement, or other written agreement).
You are not permitted to repost any of our information on your own website or social media account
without our express written permission. You agree to immediately remove any content when requested
by us.
Digital Product Licensing
When you purchase or opt-in to any of our digital products, services or other resources (collectively
“Digital Products”), you do not obtain any ownership interest or other rights to the Digital Products and
all ownership in the Digital Products remains with us. By purchasing or opting into Digital Products you
receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in
order to access our Digital Products. As a condition of your use of any materials provided to you, you
may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was
originally intended when it was provided by us to you, including sharing with any third-party. If it is
determined that you have breached this limited license, this will be considered infringement of our
Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have
sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole
discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the
Services for your personal use or use in your business for non-commercial purposes; (ii) download or
print any of the materials provided to you as part of the Services for your personal use or personal use in
your business only.
For clarity, as a condition of your limited license you may not: (i) re-sell, distribute or trade your access
or passwords to access the Digital products; (ii) share the Digital Products with anyone else who has not
yet purchased it or opted in to receive it; (iii) republish any of the Digital Products, in part or in whole;
(iv) distribute any of the materials contained in the Digital Products or related materials and/or
communications as your own; (v) use the Digital Product in whole or in part as “inspiration” or make
minor changes to any part or whole of your purchases for resale, sharing or distribution as your own
work; (vi) claim ownership or use over any of our intellectual property, including but not limited to our
Digital Products without our prior consent, which includes (but is not limited to): copyrights such as
downloads, resources, courses, workbooks, lessons, videos, and more; trademarks such as names, logos,
taglines, or other unique source identifiers; or trade dress including the look and feel of any of our
Digital Products or other offerings (and its related communications and materials); or (vii) use our Digital
Products or Intellectual Property in any related materials and/or communications in an unlawful way or
for any illegal or unlawful purpose(s).
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve
the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and
violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and
hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your
misuse of our Intellectual Property and our enforcement of our rights.
Media Release
By using our Site, you grant us a commercial license to use any image(s), including any containing your
likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any
social media platforms, for our future business use.
SECURITY
General
You understand that unfortunately, the transmission of information via the internet is not completely
secure. Although we make commercially reasonable efforts to protect your information, we cannot
guarantee the security of your personal information transmitted to our Site. Any transmission of personal
information is at your own risk. We are not responsible for circumvention of any privacy settings or
security measures contained on our Site.
Security
If at any time you are required to create a username and password to access any Services, it is your
responsibility to protect your username and password from theft or any other means of unauthorized
use that would violate these Terms. If you become aware that your password has been compromised or
your account has been breached, it is your responsibility to notify us immediately by sending an email to
[email protected]
Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications, such as
for processing payment, delivering electronic newsletters, booking systems,etc, For more information as to how your personal information is
collected, stored and processed, please refer to our Privacy Policy. You understand it is your
responsibility to review the terms of use for any such third-party applications. If you do not agree with
the terms of use for any third-party application used by our Site, please discontinue use of our Site and
Services immediately.
Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such
as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or
maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in
whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no
duty of privacy or confidentiality to you by accessing our Site.
Any communications made through our contact form, blog comments, social media pages or other related pages, or directly to our phone(s),
mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or
distribution by third-parties. We own any and all communications displayed on our website, servers,
comments, emails, or other media as permitted under law and will not give credit or pay royalties for
unsolicited user-generated content such as blog comments or emails. For more information on when
and how we store and use your communications or any information provided by you in those
communications, please refer to our Privacy Policy.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably
necessary in the course of our business. You agree not to submit any content or communications that
contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not
limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent,
or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access
to our Site and Services as a result of any such behaviour that we deem inappropriate.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking,
introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would
harm the functionality of, or jeopardize the security of our Site. We will immediately report any such
breach or what we deem in our discretion to be harmful activities to the relevant law enforcement
authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims,
liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these
Terms.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and
purchase of any services, or items found or attained through this Site is at your own risk. While we host
our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site,
we make no representations, warranties or guarantees as to your individual safety when using our Site.
You further assume all risk associated with your access to and use of any information or materials
provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any
subsequent actions you choose to take, or not to take, as a result of the information, influence or
educational materials provided or made available to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and
Services are provided “as is” and without warranty of any kind either express or implied. To the fullest
extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not
limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand
and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the
likelihood of success for you as a result of any statements or testimonials contained on our Site or as
part of the Services. The testimonials, statements and/or opinions presented on our Site are the results
of the individuals who provided them. Results and/or experiences of each individual may vary. The
testimonials used on our Site may not represent and does not guarantee the same or similar result or
experience of others who use our Site and/or Services. All testimonials provided on our Site were
voluntarily provided without payment or in exchange for any compensation, including free Services,
unless expressly indicated otherwise.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or
consequential loss or damage incurred by you or others in connection with the use of our Site or the
Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage,
death, lost profits, personal or business interruptions, misapplication of information, physical, mental,
emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or
contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any
kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or
unforeseeable.
LIMITATION OF LIABILITY AND INDEMNITY
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL
COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS
(“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE,
NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR
HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,
OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR
ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY
WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID
BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold
harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards,
losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach
of these Terms or your use of our Site, including but not limited to any user submissions, third-party
sites, any use of our Site’s content or materials, services and products other than as expressly set out in
these Terms.
Affiliate Disclaimer
We may use affiliate links to sell certain products or services on our Site meaning that if you click on a
link and purchase an item, we may receive an affiliate commission. In doing so, we disclaim any and all
liability as a result of your purchase through one of the links, including but not limited to, the delivery,
quality and safety of the purchased product or service. We will use reasonable efforts to notify you
when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You
accept express liability for any and all consequences or benefits of clicking the affiliate links contained
on our Site or related communications. You agree it is your obligation to read the terms and conditions
for any affiliate site, services or products.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use
of our Site, the Services and any related communications as we deem appropriate and in our sole
discretion. At any time, we may block or revoke your access of our Site and Services at any time without
notice, and if necessary, block your IP address from further visits to our Site.
DISPUTES AND CLAIMS
Notice of Dispute or Claim
You will not file any legal action against Well Rooted submitting a detailed description of your dispute or claim to us at [email protected]
("Dispute"). The information you provide to us must include specific information about the Claim such as
the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing
the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any
other information a reasonable person would consider relevant to resolving the issue.
Resolution Process
We shall have ninety (90) days to respond to your email notice. If you send more than one (1) email
notice, the 90-day response timeline applies separately to each email notice you send. If your issue is
not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about
the issue with Well Rooted If we agree to mediation, the mediation will
take place in FL with a professional mediator to be mutually selected by the
parties. The parties will split the costs of mediation equally.
Litigation
If a dispute between you and Well Rooted or through mediation, litigation may be commenced in the courts of Florida. Each
party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and
agrees not to bring any dispute(s) in any other court or adjudicative body. Each party hereby consents to
venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any
right that it may have to assert that such forum is not convenient or that any such court lacks
jurisdiction.
Jury and Class Action Waiver
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES
BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE
PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
Time Limitation
Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any
statute of limitations to the contrary.
Injunctive Relief
Your breach of these Terms is likely to cause immediate and/or irreparable harm to Well Rooted. As such, we may seek injunctive relief against you without the need to post
bond.
GENERAL
Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full
agreement relating to your use of the Site and Services.Last updated: May 2024
of Florida Governing Law, Jurisdiction; Legal Fees
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws
and the federal laws of UNITED STATES OF AMERICA where applicable.
Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in
the courts of Florida. Subject to applicable law, the substantially prevailing party in any
dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs,
including expert costs.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any
way be affected and will remain enforceable.
Waiver
The failure by is to exercise or enforce any right or provision of this Terms shall not operate as a waiver
of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to
review these Terms periodically. You can review the most current version of our Terms at any time by
visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please
email us at [email protected] and we will add you to our notification list If you continue
to use the Site after we make changes, you agree to the changes. All rights not expressly set out and
granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.
Contact
If you have any questions about these Terms and Conditions of Use, please send an email to: [email protected]