Terms of Service
Last Updated: February 2017
The following terms and conditions govern all use of the plantoplenty.com website and all content and services available at or through the website (collectively, the “Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time on the Website by plantoplenty.com (collectively, the “Agreement”).
Please read this Agreement before accessing or using the Website. By accessing or using any part of the Website you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and the Website. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If you are using the Website on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.
The Website is available only to individuals who are at least 13 years old. If you are under 13 years of age, you may not use the Website.
1. Using our Services
You must not use the Website in an unlawful manner, including in a manner intended to trade on the name or reputation of others. Plan to Plenty may, immediately and without notice, suspend or terminate your access if in its sole and absolute discretion, it considers your activities inappropriate or unlawful or believes that they may cause the Website or a third party any harm or liability.
2. Responsibility of Website Visitors
The Website has not reviewed, and cannot review, all of the domain names listed on the Website, and cannot therefore be responsible for how that information is used or its effects. By operating the Website, Plan to Plenty does not represent or imply that it endorses the material there posted. The Website may contain content that is offensive, indecent, or otherwise objectionable. Plan to Plenty disclaims any responsibility for any harm resulting from the use by visitors of the Website.
3. Linked Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which plantoplenty.com links. Plan to Plenty does not have any control over those non-Plan to Plenty websites and webpages, does not recommend or endorse them, and is not responsible for their contents or their use. In addition, any linked websites or webpages may have privacy and security practices that are very different from ours. We have no responsibility for or control over such privacy or security practices or any third-party website’s collection, storage, use or disclosure of information from you.
4. Intellectual Property Rights
The Plan to Plenty Website, including all software, content, inventions, technology, products, services and data provided on or through the Website, are protected under United States and international copyright, trademark and/or other intellectual property laws, except as expressly permitted in the Agreement, you may NOT (a) modify or create any derivative works based on the Website, including customization, translation, or localization; (b) copy, reproduce, reuse in another product or service (or merge with another product or service), modify, alter, or display in any manner any files, or parts thereof, included as part of the Website; © decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Website, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Website, or the underlying ideas or algorithms of the Website; or (d) attempt to gain unauthorized access to the Website or application, platform, computer system or network associated with the Website. Your compliance with the requirements in this Section 8 is a condition to, and material consideration for, our granting you the right to use the Website.
You further agree that you will not use any robot, spider, crawler, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (b) bypass any measures we may use to prevent or restrict access to the Website.
The Website reserves the right, at its sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on the Website. It is your responsibility to check this Agreement periodically for changes, and you should check the “Last Updated” date at the top of these Terms of Service to familiarize yourself with the latest version of this Agreement. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Website may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that the Website may post on the Website. The Website may also modify or eliminate services or features; your sole and exclusive remedy, and the Website’ sole liability, in connection with any such change, modification or elimination is to deny your access to the Website.
The Website may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You may also discontinue using the Website at any time. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so.
7. Disclaimer of Warranties
YOU AGREE THAT USE OF THE WEBSITE AND/OR OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE WEBSITE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S AND/OR THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND/OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, OUR SERVERS, THE PAYMENT APPLICATION OR THE PAYMENT APPLICATION’S SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND/OR SERVICES BY ANY THIRD PARTY, (V) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE WEBSITE OR SERVICES OR OTHERWISE) (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND/OR SERVICES OR ANY HYPERLINKED WEBSITES OR SERVICES, AND THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
8. Limitation of Liability; Website Provided from the United States
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES OFFERED THEREON) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WEBSITE OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF THE WEBSITE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS AND SUPPLIERS FOR ANY CLAIM WILL BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY YOU TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM RELATES DURING THE PREVIOUS TWELVE MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9. General Representation and Warranty
You represent and warrant that your use of the Website will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Website, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Website and/or the services available thereon, (b) violation, breach or default of any term of the Agreement, or © violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or arising out of or related to or in connection with (d) any claim that content caused damage to a third party.
We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Website. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.