Terms of Service
Adaptive Roots Consulting, LLC
This Adaptive Roots Consulting, LLC (“Adaptive Roots”, “we”, “our”, or “us”) website at adaptiverootsconsulting.com (the “Site”) is provided by Adaptive Roots. By accessing and using the Site, you agree, without qualification or limitation, to be bound by and to comply with the Terms of Service set forth herein (these “Terms”). Please read these Terms. Use carefully before using the Site. If you do not agree to be bound by and comply with these Terms, you are not permitted to use the Site. Any other rules or guidelines posted on the Site, including our Privacy Policy and Refund Policy, are hereby incorporated by reference into these Terms. Use of the Site and the content provided within the Site is subject to compliance with these Terms.
ANY USE OR ACCESS BY ANYONE UNDER THE AGE OF 13 IS PROHIBITED, AND CERTAIN REGIONS AND OUR SERVICES MAY HAVE ADDITIONAL REQUIREMENTS, INCLUDING AGE OR OTHER RESTRICTIONS.
Use of our Services. Users under the age of majority in their state or jurisdiction must seek their legal guardian’s consent before purchasing Services on our Site. You may use our Services only if you can form a binding contract with Adaptive Roots, and only in compliance with these Terms and all applicable laws. When you create your account or purchase Services from Adaptive Roots, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
Changes to our Services. Adaptive Roots offers courses, coaching, trainings, and content (“Services”) developed by a doctor of philosophy and industry expert in leadership and career navigation. While we seek to provide world-class Services, unexpected events do occur. Adaptive Roots reserves the right to cancel, interrupt, reschedule, or modify any Services, or change any of the content in connection with the Services. Our Services are subject to the Disclaimers and Limitation of Liability sections below.
Use of Site. All content provided on the Site, including the text, graphics, layout, images, icons, logos, buttons, illustrations, video, audio and software is protected by copyright. Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable license to use our Services. You may display or print copies of the content of the Site for personal use only. You may stream videos and print content from our Services for personal use only. You must retain any proprietary and copyright notices on such copies. You may not reproduce, duplicate, copy, broadcast, transmit, distribute, modify, publish, publicly perform, reuse, sell, trade, display or exploit any of the contents of the Site for any public or commercial purpose except with Adaptive Roots’ prior written consent or the consent of the owners of the materials. You may not create derivative works of any of the contents of the Site, reverse engineer any of the contents of the Site, or frame or otherwise use the contents in any other website. Except as expressly authorized by Adaptive Roots or the applicable licensor, you agree not to modify, rent, lease, loan, sell, trade, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, content on the Site, or the Site’s software, in whole or in part.
Prohibited Uses. Prohibited Uses are intended to protect Users and foster a safe environment for learning. The following uses are prohibited:
Any unlawful activities;
Violation of third-party rights or these Terms;
Copying, transferring, or utilizing any copyright information on the Site;
Streaming, transmitting or otherwise making available any unlawful, harmful, offensive, defamatory, libelous, harassing or threatening material, including via in-person and video conferencing communications;
Use of robot, spider, scraper or other automated means to access or monitor the Site for any purpose;
Use or access of the Site in any way that we determine adversely affects the performance or function of the Site or any other computer systems or networks used by us;
Taking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our bandwidth or infrastructure;
Violation of any of our or any third party’s copyrights, trademarks, or other proprietary rights;
Distribution of any virus, Trojan horse, time bomb or other malicious code or technologies that may damage , interfere with or harm, or attempt to damage, interfere with or harm, the Site, the operation of the Site or the interests or property of its users;
Impersonate any individual or entity or falsely state or otherwise misrepresent your affiliation with any individual entity; or
Manipulation or interference, or attempt to manipulate or interfere, with the Site, the proper working of the Site, the content on the Site or any activities conduct the Site.
Security. We care about the security of our users. While we work to protect the security of your account and related information, Adaptive Roots cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by e-mailing spearl@AdaptiveRootsConsulting.com.
Third Party Content. Through our Services, you may have the ability to access and/or use content available from third parties and links to websites and services maintained by third parties. Adaptive Roots cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Adaptive Roots disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
Intellectual Property. Any and all intellectual property rights associated with the Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Adaptive Roots, or the case of third party content, of third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without the express written consent of Adaptive Roots or the express written consent of the appropriate third party, as applicable. Except as provided herein, Adaptive Roots does not grant to you any express or implied rights to Adaptive Roots or any third party’s Intellectual Property.
Claims of Copyright Infringement. If you believe that the Site contains material, which infringes upon your copyrighted work, or your intellectual property rights have been otherwise violated, please notify us by submitting the following information to the Site’s designated copyright agent:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed upon;
A description of the location on the Site of the work that you claim infringes the copyrighted work;
Your contact information, including your address, telephone number and e-mail address;
A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information submitted above is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
Submit the information above to the following designated copyright agent: spearl@AdaptiveRootsConsulting.com
Paid Services from Adaptive Roots. Adaptive Roots offers paid Services (e.g., training, consulting, career coaching) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Adaptive Roots and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Adaptive Roots reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
Modification or Termination. We are constantly changing and improving our Services. We reserve the rights to modify or amend our Terms. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, Adaptive Roots may terminate your use of any Service for any reason. If your use of a paid Service is terminated, all refunds are governed by our Refund Policy . We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Adaptive Roots, its instructors, its contributors, and other business partners, and their employees, contractors, and other agents (the "Adaptive Roots Parties") shall have any liability to you for any such action. You have the right to stop using our Services at any time.
Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE ADAPTIVE ROOTS PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE ADAPTIVE ROOTS PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES, SECURITY, AVAILABILITY, RELIABILITY OF ANY RELATED CONTENT. WE DISCLAIM ANY WARRANTIES THAT YOUR USE OF THE SITE AND THE CONTENT INCLUDED ON THE SITE WILL BE UNINTERRUPTED OR VIRUS-FREE. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ADAPTIVE ROOTS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN FORESEEN), OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE ADAPTIVE ROOTS PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL ADAPTIVE ROOTS AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED OF TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY ADAPTIVE ROOTS FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST THREE (3) MONTHS, WHICHEVER IS GREATER. THESE LIMITATIONS APPLY TO ALL CLAIMS, WEHTHER BASED ON WARRANTY, CONTRACT, TOT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT A REMEDY SET FORTH HEREIN IS FOUND TO HAILED ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ADAPTIVE ROOTS PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO ADAPTIVE ROOTS ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
Use of Site or Services Outside U.S. You warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing Adaptive Roots from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to an entity on any Sanctions List or otherwise use the services in a manner that would be in violation of applicable laws.
Notwithstanding anything to the contrary in these Terms, Adaptive Roots may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.
Indemnity. You agree to indemnify and hold harmless Adaptive Roots, and its respective directors, managers, officers, shareholders, members, agents, employees and licensors (the “Indemnified Parties”) from any claim, suit, demand, liabilities, losses, settlement, judgment, damages, costs and expenses (including reasonable attorneys’ fees) (“Claims”) made by any third party due to or arising out of (i) your use or misuse of the Site, (ii) your connection to the Site, (iii) your violation of these Terms, (iv) your violation of any law or the rights of a third party, or (v) content you submit, stream, transmit or otherwise make available through the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights. The Indemnified Parties shall be entitled to participate in the defense of any such Claim without waiving or reducing any of your obligations under this Section. You shall also indemnify the Indemnified Parties for any expenses incurred in enforcing this Section.
Miscellaneous
Governing Law, Jurisdiction, and Venue. You agree that these Terms will be governed by the laws of the State of Alabama, without respect to its conflicts of law provisions. By using this Site, you submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Jefferson County, Alabama as the legal forum for any such dispute.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
Waiver of Jury Trial. You and Adaptive Roots agree to waive, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect to any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation: (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms (each a “Claim,” and collectively the “Claims”).
EACH PARTY CERTIFIES THAT SUCH OTHER PARTY WOULD, IN THE EVENT OF SUCH A SUIT, ACTION, CLAIM, OR PROCEEDING, SEEK TO ENFORCE THE FOREGOING WAIVER AND (ii) ACKNOWLEDGES THAT IT WAS NOT FORCED TO WAIVE ITS RIGHTS TO A JURY TRIAL.
Notices. Except as expressly provided otherwise herein, any notice to us that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt when delivered in person or by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:
Adaptive Roots Consulting, LLC
Attn: Terms of Service
3013 47th Ave E
Tuscaloosa, AL 35405
or by electronic mail (with confirmation of transmission) to: spearl@AdaptiveRootsConsulting.com
Term Revisions. We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, e-mail notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Severability; Waiver. The invalidity of one or more of the provisions in this Agreement shall not affect the validity of the remaining portions of this Agreement so long as the material purposes of this Agreement can be effectuated. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Remedies. Adaptive Roots reserves the right, without limiting any other remedies available to us, to take appropriate legal action for any illegal or unauthorized use of the Site.
No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms. You do not have any authority of any kind to bind us or the Site in any respect whatsoever.
Assignment. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. We may assign these Terms, in whole or in part, at any time, in our sole discretion, without your consent.
Statute of Limitations. No claim shall be brought against us more than one (1) year after the earliest of (i) your last use of the Site, (ii) the date the claim arises or (iii) the termination of these Terms. The foregoing time period shall not operate to extend any applicable statute of limitations on such claim.
Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
Entire Agreement. These Terms, as modified from time to time, set forth the entire and exclusive understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understandings, representations, communications, undertakings or agreements, written or oral, between you and us regarding the subject matter hereof, including any prior version of these Terms.