TERMS AND CONDITIONS
By placing an order through this website, you agree to the terms and conditions set forth below.
Please read through these terms carefully before placing your order and print a copy for future
which is incorporated herein by reference.
Frary Real Estate, LLC
1354 S. Palomino Creek Drive
Gilbert, AZ 85296
Any statements on this site or any materials or supplements distributed or sold by To The Root have not been evaluated by the Food and Drug Administration (FDA). This product is not
intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking
medication, or have a history of heart conditions we suggest consulting with a physician before using
any of our products. The results on all products are not typical and not everyone will experience
Email: [email protected]
Terms of Trial and Monthly Membership:
By placing an order with us, you agree to our full Terms and Conditions and the enrollment in our
monthly subscription program, where you will be billed the shipping and handling for the products as
follows: Lip Balm at $29.99; Eye Serum at $5.97; Skin Cream at $4.99.
We will ship you Lip Balm; Eye Serum; Skin Cream on Day 1 of your trial. In 14
days (approximately 4 days for shipping and 10 days to try the product), if you have not cancelled,
your credit card will be charged the full retail price for the product(s) received on trial. The pricing of
each available product is $29.99 for Lip Balm; $69.99 for Eye Serum; and
$79.99 for Skin Cream. On day 30, if you have not cancelled, you will be shipped a recurring
supply of Lip Balm; Eye Serum; and/or Skin Cream; and will be charged the
regular retail price listed above unless you cancel and every 30 days thereafter. If our product is not
right for you, simply call 626-205-9684 or contact us via email at [email protected] to cancel your
membership and owe nothing more. Your purchase will appear as To The Root on your credit card
In order to obtain a refund for a product, you must contact customer service by phone or email and
request a RMA (Return Merchandise Authorization) number to place on your package. Write this
RMA number on the outside of the shipping package, and send back the product to our fulfillment
center at the address listed below, within thirty (30) days of the date you originally ordered the
product. You are responsible for return shipping. Once our fulfillment center has received the
package and relayed the correct information to us, you will be issued a refund. Your refund will be
credited back to the original credit card charged and may take up to 3-10 business days to show in
your statement, depending on the speed of the processing bank. There will be no refunds on trial
products where you were only billed the shipping and handling.
Address the return package to:
3130 Tyrone Blvd
St. Petersburg, FL 33710
The standard ground mail service is shipped via United States Postal Service First Class Mail. We
ship these packages out the same day for all orders placed before 1PM Pacific Standard Time and
the next day for all orders placed after 1PM Pacific Standard Time (packages will arrive within 3-5
business days). Please be advised that shipments are not sent out on Saturdays, Sundays, or any
Holidays. We do not guarantee arrival dates or times.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and between To The Root ("we" or "us") and you, personally and, if applicable, on behalf of the entity for
whom you are using this web site (collectively, "you"). This TOS governs your use of the this web
Corporate Name and Address (Not return address)
Frary Real Estate, LLC
1354 S. Palomino Creek Drive
Gilbert, AZ 85296
1. Using the Web Site.
(a) Eligibility. Except as expressly provided below, Services may only be used by, and Membership
is limited to, individuals who can form legally binding contracts under applicable law. Without
limitation, minors are prohibited from becoming Members and, except as specifically provided below,
using fee-based Services. Membership is defined by engaging in a purchase agreement wherein
you, the consumer, purchase one of the products found on this Web Site.
(b) Compliance. You must comply with all of the terms and conditions of this TOS, the policies
referred to below, and all applicable laws, regulations and rules when you use this Web Site.
(c) License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby
granted a limited, non-exclusive right to use the content and materials on the Web Site in the normal
course of your use of the Web Site. You may not use any third party intellectual property without the
express written permission of the applicable third party, except as permitted by law. The Website will
retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue
of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use,
copy, display, perform, create derivative works from, distribute, have distributed, transmit or
sublicense from materials or content available on the Web Site, except as expressly set forth in this
TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Web Site and the Services, you may not: (i) infringe any
patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame,
abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the
Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or
Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful
code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail
address information or similar methods or technology; (iv) attempt to use another user's account,
impersonate another person or entity, misrepresent your affiliation with a person or entity, including
(without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized
access to the Web Site or portions of the Web Site that are restricted from general access; (vi)
engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of
unsolicited solicitation; (vii) collect, manually or through an automatic process, information about
other users without their express consent or other information relating to the Web Site or the
Services; (viii) use any meta tags or any other "hidden text", trademarks, or product names; (ix)
advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website;
(x) engage in any activity that interferes with any third party's ability to use or enjoy the Web Site or
Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS.
(e) Other Users. If you become aware of any conduct that violates this TOS, We encourage you to
contact Customer Service. We reserve the right, but will have no obligation, to respond to such
2. Accuracy of Information.
We attempt to ensure that the information on the Web Site is complete and accurate; however, this
information may contain typographical errors, pricing errors, and other errors or inaccuracies. We
assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer
stated on the Web Site; (ii) correct any errors, inaccuracies or omissions .
3. Sales Tax.
If you purchase any products available on the Web Site ("Products"), you will be responsible for
paying any applicable sales tax indicated on the Web Site.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and
suspected credit card fraud. We may, in our discretion, require further authorization from you such
as a telephone confirmation of your order and other information. We reserve the right to cancel,
delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain
information during the order process, including time, date, IP address, and other information that will
be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be
fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a
subpoena, to all law enforcement agencies and to the credit card company for fraud investigation.
We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the
5. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site, including without limitation, the logos, design, text,
graphics, other files, and the selection and arrangement thereof are either owned by us or are the
property of our suppliers or licensors or other companies. You may not use such materials without
(b) Trademarks. The related design marks, and other trademarks on the Web Site are owned by us.
Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own.
You may not use any of these trademarks, trade dress, or trade names without our express written
6. Linking and Framing.
You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our
property, including, without limitation, the Web Site. You may not use any of our logos or other
trademarks as part of a link without express written permission.
You agree to defend, indemnify and hold the Web Site, and its subsidiaries, affiliates, and their
directors, officers, agents, members, shareholders, co-branders or other partners, and employees
harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable
attorneys' fees, costs and expenses, made by any third party directly or indirectly relating to or
arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the
Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this
Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations
hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our
sole and absolute discretion, control the disposition of any Claim at your sole cost and expense.
Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose
of any Claim without our consent.
8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE PRODUCTS, AND
SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR
WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY
INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF
DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV)
WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU
USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS,
AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
(b) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE
OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE
INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR
TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT
INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF
THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY,
PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO
NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION
(e) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING
FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT
LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE
GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
9. Force Majeure.
You acknowledge and understand that if the Web Site is unable to provide the Products as a result
of a force majeure event, the Website will not be in breach of any of its obligations towards You
under these Terms of Service. A force majeure event means any event beyond the control of the
Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR
FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT
SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
10. Domestic Use
Export Restriction. We control the Web Site from our offices within the United States of America. We
make no representation that the Web Site or its content (including, without limitation, any products or
services available on or through the Web Site) are appropriate or available for use in other locations.
Users who access the Web Site from outside the United States of America do so on their own
initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the
United States export control laws prohibit the export of certain technical data and software to certain
territories. No content from the Web Site may be downloaded in violation of United States law.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged
breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration
held before and in accordance with the Rules of the American Arbitration Association. The
arbitrator's award will be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be
joined to an arbitration involving any other party subject to this TOS, whether through class
arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek
injunctive or other equitable relief in state or federal court located in to enforce this TOS or prevent
an infringement of a third party's rights. In the event equitable relief is sought, each party hereby
irrevocably submits to the personal jurisdiction of such court.
12. Waiver of Class Action Rights.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY
HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR
SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
13. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or
cause of action you may have arising out of, relating to, or connected with your use of the Web Site,
must be filed within one calendar year after such claim or cause of action arises, or forever be
14. Modification of Terms of Service.
We reserve the right to change or modify these Terms of Service at any time and your continued use
of this site will be conditioned upon the Terms of Service in force at the time of your use. You can
always check the most current version of the Terms of Service at this page.
We will have the right to terminate your access to the Web Site if we reasonably believe you have
breached any of the terms and conditions of this TOS. Following termination, you will not be
permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product
Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever
means we deem necessary to prevent unauthorized access to the Web Site, including, but not
limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider.
This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether
any account you open is terminated by you or us or if you have the right to access or use the Web
This TOS contains the entire understanding between you and us regarding the use of the Web Site,
and supersedes all prior and contemporaneous agreements and understandings between you and
us relating thereto.
17. Additional Terms.
This TOS will be binding upon each party hereto and its successors and permitted assigns, and
governed by and construed in accordance with the laws of the State of Arizona without regard for
conflict of law principles. This TOS and all of your rights and obligations under them may not be
assignable or transferable by you without our prior written consent. No failure or delay by a party in
exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other or further exercise
thereof or the exercise of any other right, power, or privilege under this TOS. You are an
independent contractor, and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by this TOS. The invalidity or unenforceablility of any provision of
this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which
will remain in force and effect.
email: [email protected]