Terms and Conditions

Before using, please read carefully these terms and conditions (“Terms”, “Terms and Conditions”)  as they apply to each website or microsite, including joinroot.com, root.com, and quote.root.com, mobile application, social media page, or other online property(ies) controlled and operated by Root (“Root,” “us,” “we,” or “our”) (with such sites, applications, pages, or properties referenced collectively herein as the "Site").

Your access to use the Site is conditioned on your acceptance of and compliance with these Terms. These terms apply to all Site visitors, users, and others who wish to use the Site. If you do not agree to be bound by these Terms, or if at any time, the terms are no longer acceptable to you, please cease use of the service immediately. This Site is directed to people within the United States. Content available on or through the site may not be appropriate or available in other locations. Root may limit the availability of the Site to any person or geographic area at any time. If you access the Site from outside the United States, you do so at your own risk. 

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, you are not granted permission to access or otherwise use the Site. These terms apply only to your use of www.joinroot.com and do not change or modify any other agreement or contract between you and Root. IN PARTICULAR, THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTIONS) RELATED TO ROOT’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED,YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED BELOW. SUBJECT TO THE IMMEDIATELY PRECEDING SENTENCE,IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT AND/OR CEASE ALL USE OF THE SITE IMMEDIATELY.

Root reserves the right, in its sole discretion, to change these Terms and Conditions at any time without prior notice to you by posting online revised Terms or mailing and/or emailing notice thereof to you. Your continued use of the Site after any such change constitutes acceptance of the change or changes. Accordingly, please review these Terms on a periodic basis.

To the extent permitted by law, ROOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROOT DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. IN ADDITION, ROOT DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE USE OR INTERPRETATION OF ANY AI TOOL-GENERATED CONTENT ON THE SITE, AND ROOT DISCLAIMS ANY LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM THE USE OF OR RELIANCE ON SUCH CONTENT. Additionally, the Site is for informational and educational purposes only, and is not a substitute for professional advice or legal services. Reliance on the information provided by Root is solely at your own risk. 

If you access or use the Root App (“App”) from or through www.joinroot.com or in any other manner, access and use of the App is subject to acceptance of the terms of Root’s Mobile Application End User License Agreement.

License Grant and Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Root, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Site is protected by the United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, repost, use (except as expressly permitted herein), or claim any right in any aspect of the Site, including the content, text, images, audio, and video, without our express, prior written permission. 

Root provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site on your (and a single) computer, mobile phone, or other computing device, conditioned on your continued compliance with these Terms. You may print and download materials and information from the Site for your personal use, or for educational purposes, provided that all hard copies contain all copyright and other applicable notices contained in such materials. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. Except as expressly provided herein, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Website or frame this Website within any other Website without our prior written permission. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Root, is prohibited. You may not access or use the Site or any materials through the Site for any unauthorized purposes. You also acknowledge and agree to the following: (i) Root has the right to control and direct the means, manner, and method by which the Site is provided; (ii) Root may, from time to time, engage independent contractors, consultants, or subcontractors to aid in providing the Site or use thereof; and (iii) Root has the right to provide the Site to others.

User Obligations

You must be at least eighteen (18) years of age or the legal age of majority (whichever is greater) to use the Site. By using the Site, you represent and warrant that you have full power, capacity, and authority to agree to these Terms and have not been previously suspended or removed from using the Site. By purchasing from, downloading from, accessing, or using the Site, you covenant that you will abide by all applicable local, state, and national laws and regulations with respect to your use of the Site, and that you meet all of the above eligibility requirements. You further covenant that you will, at all times, provide true, accurate, current, and complete information (and updates thereto) when submitting information through the Site and agree to provide us reasonable cooperation in connection with operation or support of the Site.

Restrictions on Use

Except as may be expressly permitted by us in writing, the Site, including the messages, data, information, content, or other material provided as part of the Site, are provided only for your personal use and not for resale. Certain information you receive through the Site belongs to us, and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell, resell, or otherwise use the Site or any information provided through the Site for commercial purposes. All rights not expressly granted under these Terms are hereby reserved by us. Accordingly, you may not modify, translate, decompile, create or attempt to create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, perform, transmit, attempt to reverse engineer, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Site or materials provided through the Site in any manner not expressly permitted herein. You also acknowledge and agree that you may not use the Site or materials provided through the Site to create, train, or improve an AI Tool (as defined below).

Trademarks

Root’s name, all registered trademarks, the Root logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Root or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Any trademarks, logos, and service marks (collectively, “Marks”) displayed in connection with the Site are the registered and/or unregistered trademarks of Root or other third parties. Nothing contained in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Root or the other owner thereof. Your use of Root’s Marks is strictly prohibited.

Privacy Notices

Our Consumer Privacy Notice, available here describes how we collect and process personal data when you apply for or obtain financial products or services from Root.  Other processing of personal data by Root is described in our Privacy Policy, which can be accessed here.

• What personally identifiable information and/or other information is collected from you, how it is used and with whom it may be shared.

• What choices are available to you regarding the use of your personally identifiable information.

• The security procedures Root has in place to protect your personally identifiable information.

• How you can correct any inaccuracies in collected personally identifiable information.

Accounts on www.joinroot.com

Creating an Account. You have the option at your discretion to create an account when using the Site (www.joinroot.com). Creating an Account at www.joinroot.com requires you to submit an email address and password that you as the user create. When you create an account at www.joinroot.com (an “Account”), you are attesting that you are 18 years old or older, or the legal age of majority (whichever is greater) at the time the Account is created and that the information you provide us is accurate, complete and current at all times. If you submit inaccurate, incomplete, or not current information, Root may, at Root’s sole discretion, take any action with respect to your account that it deems appropriate under the circumstances, including, without limitation, immediate suspension, or termination of your Account.

Your Responsibility. You are responsible for maintaining the confidentiality of your Account, including but not limited to the restriction of access to your computer and/or Account, and protection of your password. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password. You must notify us immediately by sending an email to help@joinroot.com upon becoming aware of any breach of security or unauthorized use of your Account.

In creating or using an Account you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

Marketing Communications. By creating an Account at www.joinroot.com you agree that Root can contact you with email or other communications relating to your Account and/or the Site, including marketing communications. If you create an Account at www.joinroot.com and have not had or no longer have an insurance policy with Root, you can contact us at help@joinroot.com to request that we remove you from our marketing distribution lists. You can also opt out of our marketing emails by using the unsubscribe process documented within each of our marketing messages. If you opt out of our marketing emails, we can still contact you by email regarding your transactions or relationship with Root.

We reserve the right to refuse service, terminate accounts, and remove or edit content in Root’s sole discretion.

Fees

You are solely responsible for any charges incurred through your account and any activities conducted through your account. You represent and warrant that: (i) the payment information supplied to Root is true, correct, and complete; (ii) you are duly authorized to use such payment information for the purchase; (iii) charges incurred by you will be honored by your payment company; and (iv) you will pay the premiums shown on your most recent declarations page including all applicable taxes and fees, if any. By using a current, valid, and accepted method of payment to pay for any services through the Site, you expressly authorize Root or its agents to charge all fees and other costs incurred in connection with the Site to the accepted method of payment. Root reserves the right at any time to change the premiums, fees or costs for use of the billable services available through the Site. Such changes will be effective on the first billing cycle after notice of such new fees. Root reserves the right to deactivate your access to billable portions of the Site for failure to pay applicable fees. Unless otherwise stated, all fees are stated in U.S. dollars.

SMS Text Messaging Terms & Conditions

By completing the SMS/text messaging opt-in, you consent to receive alerts and promotional text messages from Root, including text messages using an automatic telephone dialing system. You are not required to opt in as a condition of purchasing any property, goods, or services. 

You may opt out of SMS communication at any time by replying UNSUBSCRIBE or STOP to any text messages from Root or by contacting Customer Support at 866 980 9431 or help@joinroot.com for assistance. Once your text message is received to opt out of SMS communication, we will text message you to confirm you have been unsubscribed. Following this, you will no longer receive SMS messages from us. If you would like to opt in again, you can reply START or UNSTOP to any text messages from Root Insurance Company or contact customer support. Root message frequency varies and if you are experiencing any issues with the SMS messaging program, you can reply to any text message using the keyword HELP for more assistance. Messaging and data rates may apply. Carriers are not liable for delayed or undelivered messages. If you have any questions regarding your text or data plan, it is best to contact your wireless provider.

You can also reach Customer Support 9 a.m. to 8 p.m. EST, M-F at 1-866-980-9431 or anytime via email at help@joinroot.com.

For any questions related to privacy, please read our Consumer Privacy Notice and Privacy Policy.

Links to other websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Root. Root has no control over, and assumes no responsibility for the content, legal terms, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Root shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Additional notices, terms, and conditions may apply to form submissions, payment, or other websites or services provided through the Site. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between these Terms and such other notices, terms, and conditions, the latter terms shall generally control with respect to their respective subject matter.

Limitation of Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE ROOT FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND ROOT’S CONTROL. MOREOVER, IN NO EVENT SHALL ROOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF ROOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ROOT FOR BREACH OF THESE TERMS IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ROOT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Enforcing Security 

You may not use the Site or any of Root’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior including, without limitation, accessing or using Root’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of Root’s system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Site email addresses or other identifiers, collecting or using from the Site information without the consent of Root (herein or otherwise), using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Root or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Root reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site and for other legitimate business purposes. Such recorded activity is subject to review by law enforcement organizations and state or federal regulatory authorities. Root will also comply with all court orders or subpoenas involving requests for information. Root reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.

Injunctive Relief 

You agree that Root shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that Root post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Root to enforce any provision of these Terms.

Underwriting Companies

Motor vehicle insurance policies are underwritten by the following insurance companies:

*Root Insurance Company

80 E Rich St, Ste 500, Columbus, OH 43215

(C.A. #6177-0)

*Root Property & Casualty Insurance Company

80 E Rich St, Ste 500, Columbus, OH 43215

(C.A. #1913-3)

Root Florida Insurance Company

113 S Monroe St, Ste 100, Tallahassee, FL 32301

**Root Lone Star Insurance Company

**Root Republic Managing General Agency

**Root Texas Managing General Agency

13215 Bee Cave Pkwy, Ste B150, Austin, TX 78738

*Companies maintaining a Certificate of Authority to transact insurance in California. The Certificate of Authority number (“C.A. #”) appears after the company name.

**Companies underwriting and producing insurance business in Texas as managing general agencies on behalf of Redpoint County Mutual Insurance Company, 13215 Bee Cave Parkway, Building A Suite 230, Austin, TX 78738.

Governing Law

In general, these Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions. Notwithstanding the foregoing, all policies for motor vehicle insurance are governed by the laws in the state in which such policies are written.

Specific Enforcement of Rights

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Term and Termination

These Terms will take effect (or re-take effect) at the moment you click the “Agree” or “Continue” certifying that you have read, understand, and agree to abide by the terms and conditions of the Site; otherwise register to use the Site; respond through the Site to a request for information; and/or begin downloading, accessing, or using the Site, whichever action or event is earliest.

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Please note that termination described in this section pertains to your use of www.joinroot.com and/or creating an account on that site. Termination or cancellation of an insurance policy with Root is governed by the various state insurance laws and regulations. 

If you wish to terminate your use of the Site, you may simply discontinue using the Site. If you wish to disable your account, simply email us at help@joinroot.com., but all applicable provisions of these Terms will survive termination, as identified below, and each re-access or use of the Site will reapply these Terms (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, proprietary rights provisions, warranty disclaimers, indemnity, and limitations of liability.

Contents; Use of Artificial Intelligence

You acknowledge that the use of the Site, including any actions taken or reliance on the information and imagery provided through the Site, are at your own risk and is not a substitute for professional legal or financial advice. Further, the information provided on the Site, including statements of coverage available on the Site, is for informational purposes only, and does not affect or amend any existing or future policies that you or a Root user may maintain. You also acknowledge that submission of a claim on the Site does not effectuate an agreement between You and Root for provision of coverage or other services or products from Root.

Additionally, the Site and materials or features provided through the Site may include features that use, are powered by, or are artificial intelligence tools, including but not limited to computer systems, software, or features that exhibit or utilize algorithms and training data, and/or human-level cognitive skills to perform tasks, analyze data, or make or assist in making decisions (“AI Tools”). The organization and overall presentation of the materials you receive or access by way of the Site may have been developed or enhanced by the use of AI Tools, including image development and product descriptions. Accordingly, the materials provided through the Site may not be completely error-free or up-to-date. We recommend independently verifying any information available on the Site.

Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Root and its subsidiaries, and its and their respective directors, officers, board members, employees, agents, successors, and assigns, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from your violation of these Terms, your violation of any applicable laws, rules, or regulations, your violation of any personal or proprietary rights of a third party, or your negligent actions or omissions. Root reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Root in asserting any available defenses.

Dispute Resolution and Arbitration

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party, as specified below, describing the facts and circumstances relating to the dispute (including any relevant documentation) (the “Informal Dispute Resolution Process”). You must send any notice to legal@joinroot.com or to the U.S. mailing address listed in the “Contact” section of these Terms. Any notice we send to you will be sent to the most recent contact information that you provide us. If no such information exists or if such information is not current, we have no obligation under this section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and Root will attempt in good faith to resolve the dispute, though nothing will require either you or Root to resolve the dispute on terms that either you or Root, in each of our sole discretion, find unacceptable. Both you and Root agree that this Informal Dispute Resolution Process is a condition precedent that must be satisfied before the initiation of arbitration against the other party. Failure to engage in the Informal Dispute Resolution Process will not prevent either party from filing a claim if the applicable statute of limitations might otherwise expire.

Arbitration Procedure. Subject to the right of Root to seek injunctive relief, you agree that all unresolved disputes between you and Root (whether such dispute involves a third party) regarding your relationship with Root, including, without limitation, disputes related to these Terms, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration. Any disputes, claims, or controversies that are subject to arbitration under this Agreement shall be arbitrated on an individual basis. No dispute, controversy, or claim shall be arbitrated on a consolidated, class, or collective basis, or under the guise of an individual arbitration proceeding. Each claimant must pursue their claim individually, and the outcomes of one claimant's arbitration shall not bind or be used to bind any other claimant's individual arbitration. Without limiting Root’s right to seek injunctive or other equitable relief (as set forth below), any disputes arising with respect to these Terms between you and Root shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. Arbitration shall be conducted under the rules then prevailing of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding shall be carried on and heard in a jurisdiction to be determined by the parties, and using the English language. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and reasonable attorneys’ fees from the other party. This dispute resolution will be conducted in the State of Ohio and governed by the Federal Arbitration Act. Either party may initiate arbitration of a dispute upon completion of the Informal Dispute-Resolution Process for that dispute, and any arbitration under these Terms will take place on an individual basis. Class arbitrations and class actions are not permitted. The arbitration fees and costs shall be allocated according to the JAMS consumer arbitration rules, which typically limit the consumer’s filing fee obligation to $250, with the remainder paid by Root.

If twenty-five (25) or more individual arbitration demands are filed or served against Root that present common legal or factual issues and are represented by the same or coordinated counsel, the parties agree to the following staged process:

1. Initial Filings. The parties shall group such demands into randomized batches of no more than ten (10) cases each. The first batch will proceed to arbitration, and the remaining cases shall be stayed.

2. Bellwether Arbitrations. The arbitrations in the first batch will be conducted on an expedited basis. The parties agree that the outcomes of those cases will not have binding or preclusive effect on the remaining cases, but the parties will engage in good faith discussions, including mediation if agreed, to resolve the remaining cases in light of the results.

3. Subsequent Batches. If resolution is not reached after the first batch, additional batches of no more than ten (10) cases will proceed sequentially. This process will continue until all demands are resolved.

4. Administrative Fees. The parties agree that JAMS’s Mass Arbitration Procedures & Guidelines shall apply to any such group of cases, even if the number of filings is below the JAMS threshold for such procedures. The arbitrator(s) may modify the batching process to promote efficiency and fairness.

5. Preservation of Rights. Nothing in this section limits a claimant’s right to pursue their arbitration individually. Each claimant remains entitled to seek all remedies available under applicable law in their individual arbitration.

Class Action Waiver 

BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE, TO THE FULLEST EXTENT OF THE LAW, ALL RIGHT TO BRING A TRIAL BY JURY OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Opt-out. You have the right to opt-out and not be bound by the arbitration and/or class-action provisions set forth above by sending an email to legal@joinroot.com or written notice of your decision to opt-out to: Root Inc. 80 E. Rich Street, Suite 500 Columbus, OH 43215, which notice must include your decision to opt-out, and your name, address, phone number, and signature. The notice must be sent to Root within thirty (30) days of your first agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt-out of only the arbitration provisions, and not also the class action waiver provision, the class action waiver still applies. You may not opt-out of only the class action waiver provision and not also the arbitration provisions. If you opt-out of the arbitration provisions, or if you opt out of both the arbitration and the class action waiver provisions, the Provider will also not be bound by them.Opting out will not affect your use of the Site.

Waiver & Severability 

Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Root of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

Entire Agreement

No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Root as a result of these Terms or your utilization of the Site. These Terms represent the entire agreement between you and Root with respect to use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Root with respect to the Site. You may not assign, delegate, or transfer any rights under these Terms without the prior written consent of Root. Please note that Root reserves the right to change the terms and conditions of these Terms by posting revised Terms and a corresponding announcement of the revised Terms, or by mailing and/or e-mailing notice thereof to you. In addition, Root may add, modify, or delete any aspect, program, or feature of the Site, but Root is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to these Terms. Accordingly, please check for announcements and review these Terms on a periodic basis.

Contact

If you have questions regarding the Site or if you are interested in obtaining more information concerning Root, please contact us at Root Inc. 80 E. Rich Street, Suite 500, Columbus, OH 4321, (866) 980-9431, or help@joinroot.com.