Plantd Terms and Conditions
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Plantd is a mobile application and website located at www.plantd.life, which is owned and operated by Plantd Life Inc. These terms and conditions are revised as of October 4, 2024.
Welcome to the Plantd website and mobile application (the “App”). Plantd Inc. provides access to the App to you subject to the following terms and conditions. In return for accessing the App, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the member(s) of the App (sometimes referred to as “you”, “your” or “Member” hereinafter) and Plantd (sometimes referred to as “Plantd”, “we”, or “our” hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access, or use the App. Essentially, if you visit the App, you accept all terms and conditions of use. Please read them carefully. If you do not agree to these terms of use in their entirety, you may not use the App and should not proceed to register.
We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of our App and its Service (as defined below). Your continued use of the App will constitute a binding acceptance by you of these terms and conditions, or any subsequent modifications.
App and Services
The App provides you with the ability to create profiles, access the Plantd feed, participate in exclusive giveaways, purchase carbon offsets, and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and any other materials you may view on, access through, or contribute to the App. The Service includes all aspects of the App, including but not limited to all profiles, tools, and services offered via the App.
The Service may contain content submitted and/or created by other people (such as Members of the App as defined herein) and links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third-party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any Member, profile, photograph, message, or any other content posted by anyone on the App, or any content of any third-party site. By using our App and the Service, you expressly relieve us from any and all liability arising from your use of the App and the Service, including any third-party website.
Services
Member Accounts. In order to access certain services on the App, you must create a Member Account. The term “Member” means a person who provides information including, but not limited to, names, email addresses, banking information, university attendance, or access to Apple, Facebook, and Google profiles, to participate in the Service in any manner. You can create a Member Account at any time. We reserve the right to suspend or terminate your Member Account and refuse any future use of the Service for any reason.
By logging into your Member Account, you will have access to your Member Account dashboard in the App. This dashboard provides a detailed overview of your Member Account activity, including but not limited to your Referrals (including earnings associated with your Referrals), trees planted on your behalf, transactions, and the Leaderboard (capitalized terms are defined below).
Ambassador Program. We enable Members to earn compensation for creating social media content promoting Plantd and/or successfully referring new Members to the App using a unique link (“Ambassador Program”). Members will be required to register for the Ambassador Program via a third-party website and agree to be bound by the terms & conditions of the third-party website. Compensation shall be subject to the Ambassador Program terms. We reserve the right to suspend or terminate your participation in the Ambassador Program at any time for any reason.
Fundraiser. We enable authorized Members to participate in fundraising activities (“Fundraiser”). Members will be required to register for a Fundraiser Member Account, and agree to bound by Plantd’s Fundraiser terms.
Subscriptions. The App offers paid subscription that grants subscribed Members with additional features, including but not limited to, access to 10x entries for Giveaways (“Giveaways” are defined below) (collectively, “Subscription(s)”). Subscriptions auto-renew on a monthly or annual basis, depending on the Subscription purchased. The Subscription period will begin on the day you enable and purchase the Subscription feature of the Service and will renew every 30 days for monthly Subscriptions and or every 365 days for annual Subscriptions (“Subscription Period”). To avoid charges for a new Subscription Period, you must cancel the Subscription as set forth in the Service Use Terms below. You will be given notice for any changes in pricing for Subscriptions.
Support. The App enables you to make one-time financial contributions (“Contributions”). For each Contribution made, Plantd will plant trees on your behalf, as set forth in the App. You understand that Contributions are not tax deductible. We recommend speaking with your accountant or tax professional if you have any questions regarding a Contribution. Any and all Contriubutions are final and are not eligible for a refund.
Business Subscriptions. In addition, entities such as businesses, corporations, and limited liability companies may purchase a Subscription for the entity and its employees and/or agents (“Business Subscriptions”). Business Subscriptions are auto renewed on an annual basis. Eligible entities will receive an invite from the Service to access Business Subscriptions and invite their employees to create a Member Account. Business Subscriptions will enable employees to access unique features that are available with a Subscription Member Account, as set forth above, courtesy of their employer. To avoid charges for a new Subscription Period, the entity must cancel the Subscription as set forth in the Service Use Terms below. You will be given notice for any changes in pricing for Business Subscriptions.
Referrals. The App referral program or incentive for inviting others to use the Service (“Referral Program”) is available to subscribed Members. Any bonuses or incentives, including but not limited to monetary compensation, shall be subject to the Referral terms defined in the Service Use terms below, if applicable, and otherwise at our sole discretion.
Leaderboard. The App hosts a Leaderboard that displays the top Members using the various feature on the App (“Leaderboard”). These features include, but are not limited to, trees planted, Referrals, and Carbon Offsets (defined below) purchased. Only verified Members will be added to the Leaderboard. Any personal or private information associated with your Member Account may be made publicly available to other Members.
Giveaways. The App hosts two types of sweepstakes: All Access Giveaways and Epic Experiences, in which Members can enter for a chance to win a prize (collectively, “Giveaways”). No purchase is necessary to enter these Giveaways. Your country, state, principality, or governing body may allow you to enter a Giveaway but not allow you to receive the prize from winning such Giveaway. It is your responsibility to review any specific restrictions before claiming that prize or entering such Giveaway. We are not obligated to deliver a prize or allow your entry into a Giveaway if such delivery or entry would violate applicable law or regulations. To be eligible to enter a Giveaway or be awarded the Prize identified on each Giveaway’s widget on the App, a Member must fully comply with the Official Sweepstakes Rules. Every Giveaway has specific terms and conditions (the “Official Sweepstakes Rules”) which can be found on each Giveaway widget in the App. By participating in a Giveaway, Members agree to accept the terms and conditions of the Official Sweepstakes Rules and Plantd Life Inc.’s decisions which are final and binding in all matters relating to the App, and the Service. If there is inconsistency between the Official Sweepstakes Rules and these terms and conditions, the Official Sweepstakes Rules shall govern. Each Giveaway is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited.
Carbon Offsets. The App enables Members to purchase carbon offsets (“Carbon Offsets”). Carbon Offsets are measured in tons and users are enabled to select the number of tons they wish to offset and purchase in the App contribute to an environmental project of the Member’s choice.
Plantd Pulse. The App enables users to access a content feed, including but not limited to pre-recorded videos, images, documents, and written content (“Pulse”). The Pulse also enables Members to upload and share content to the feed by emailing info@plantd.life. The subject matter of the content should strictly relate to issues and information regarding or related to the environment.
We reserve the right, but have no obligation, to monitor any and all public and private information. We also reserve the right, but have no obligation, to monitor any and all existing information within the Pulse, or the App to ensure its accuracy. Notwithstanding our right to monitor information, we are not responsible for any inaccurate, incomplete, personal, or private information that may be transmitted or posted in the Pulse, or the App, or any activities that arise out of the use of the information transmitted or posted in the Pulse, or the App. Any and all content uploaded to the Pulse is at your own will.
To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose for the Pulse or any the information contained within the Pulse or the App. We will not be liable for any damages of any kind arising from or relating to the use of the Pulse or any of the information contained therein, or on the App, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. You agree that we are not liable for any damages claimed as a result of the collection, use, or display of any information contained within the Pulse.
As set forth above, we are not liable for any use of information contained within the Pulse, or the App, including but not limited to, the leak or dissemination of any public or private information or confidential files, Member recordings, video chat, any content or information shared through screen sharing technology (or any other method), or any harm caused by the receipt, delivery, or use of the Pulse or any information contained therein.
Service Use Terms
Member Accounts. These terms and conditions are an electronic contract that establishes the legally binding terms you must accept to create a Member Account and become a Member. You acknowledge and agree that Members of the App may be part of an online community of other Members. In order to access certain services on the App, you must create a Member Account.
Eligible Members. You must be at least 18 years of age to access and use the Service. Any use of the App or Service is void where prohibited. If you are under age 18, you may not, under any circumstances or for any reason, use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring compliance with these terms and conditions, and all laws, rules, and regulations applicable to you. Your access to the Service may be revoked where these terms and conditions or use of the Service is prohibited or to the extent provision of the Service conflicts with any applicable law, rule, or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third-party. By accessing and using the App or the Service, you represent and warrant that you have the right, authority, and capacity to accept and abide by all of the terms and conditions.
Registration. To sign up for the Service, you must create a Member Account. You must provide accurate and complete information. You shall not: (i) use the name of another person with the intent to impersonate that person or (ii) use the name of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Member Account, and for keeping your Member Account password secure. You may never use another person’s Member Account or registration information for the Service without permission. You must notify us immediately of any change in your eligibility to use the Service, breach of security or unauthorized use of your Member Account. You should never publish, distribute, or post login information for your Member Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability.
You agree to (a) immediately notify us of any unauthorized use of your Member Account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service through your Member Account. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify us against all activities conducted through your Member Account.
Ambassador Program. As conditions of participating in the Ambassador Program, you expressly represent and warrant that you agree to be bound by the Ambassador Program terms. Should there be any inconsistencies between these Terms & Conditions and the Ambassador Program terms, the Ambassador terms shall govern.
Subscriptions. If you purchase an automatically renewing Subscription, your Subscription will renew at the end of the Subscription Period, unless you cancel. Both monthly and annual Subscriptions are available to our Members. Monthly subscriptions renew every 30 days and Members will be charged $9.99 for each Subscription period. Annual Subscriptions renew every 365 days and Members will be charged $99.99 for each Subscription period. Monthly Subscriptions are available for Business Subscriptions. Business Subscriptions renew every 30 days and Members will be charged $49.99 for each Subscription period. For every employee that is added to the Business Subscription, an additional $9.99 will be charged to the Business Subscription account. To avoid charges for a new Subscription period, you must cancel (as described below) before the end of the existing Subscription period. Deleting your Member Account or deleting the App from your device does not cancel your Subscription. We reserve the right to make changes to Subscriptions, including but not limited to pricing. If we change these prices, we will provide notice. If you do not cancel your Subscription, you agree that you will be charged at the current pricing for the Subscription.
You may cancel or change your payment method for a Subscription at any time via the settings in your Member Account. If you purchased a subscription through a third-party, such as the Apple App Store or the Google Play Store, you will need to access your account with the respective third-party and follow instructions to change or cancel your Subscription. If you cancel your subscription, you may use your Subscription until the end of the period you last paid for, but (a) you will not be eligible for a prorated refund, (ii) your Subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Service enabled by your Subscription.
In addition, we will plant five (5) trees on behalf of Members with a monthly Subscription per subscription period, and sixty (60) trees annually for Members with an annual Subscription per Subscription period. We will make reasonable efforts to fulfill these terms, however, are not responsible or liable for failure or delay to perform occasioned by causes beyond our reasonable control.
Referrals. Subscribed Members may be eligible to earn monetary compensation for participating in the Referral Program and referring new Members or businesses to the App or Service (“Referral Rewards”). Referrals must be completed by sharing the unique Member link found in the “Refer A Friend” feature of the App. For every successful Referral, the Member’s Subscription must remain active for a minimum of three (3) months to be eligible for Referral Rewards. Eligible Referral Rewards shall be earned in adherence with the following terms:
All Referral Rewards above will be available for Withdrawal (defined below) three (3) months after the Subscription sign up.
You agree to only provide us with email addresses or other personal information of persons or business for referral purposes with their knowledge and consent. You shall not be eligible to earn Referral Rewards and/or participate in the Referral Program if you invite other users who share the same device, if you create multiple Member Account in an effort to earn Referral Rewards for inviting yourself, or if you otherwise violate these terms or the applicable Referral terms. If you cannot produce proof satisfactory to us that Referrals have been made in accordance with these terms and the Referral terms, we may terminate your Member Account, withhold, or rescind any Referral Rewards, reverse, or correct Referral Rewards balances in your Member Account, revoke access to the Referral Program, or take other remedial actions as we deem appropriate.
Giveaways. As conditions of entering into any Giveaway on the App, Members expressly (a) represent and warrant that he/she agrees to be bound by these terms and conditions, the corresponding Official Sweepstakes Rules, and decisions of Plantd Life Inc., which will be binding and final in all matters related to the Giveaway and Service, (b) releases Plantd Life Inc. and its partners from all liability, damages, loss, or expense arising out of, in connection with, or participation in any Giveaway, or the acceptance, use, or misuse of any prize or the Service, (c) waives all rights to claim damages, (d) agrees that all claims, disputes, or causes of legal action connected with the Service, Giveaway or the prize shall be resolved in binding arbitration in the State of New Jersey and (e) agrees that any and all claims, judgements, and awards if permitted to proceed, will be limited to Members actual out-of-pocket expenses (if any), excluding attorney’s fees and costs. Some jurisdictions do not allow the limitations or exclusion of liability set forth above, so some of the provisions contained in this section may not apply to every Member. Apple and Google are not sponsors of the Giveaways and shall not be liable for any and all activity in connection with or arising out of participation in the Giveaways.
Payments and Transactions. We may use third-party payment platforms including but not limited to Stripe to process credit card, debit card, and financial transactions for your Subscriptions, Contributions, and Carbon Offsets. In addition, third-party payment platforms and their associated websites may be displayed via an in-App web browser, that allows you to access the third-party payment platform without leaving the App. You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the App. You expressly understand and agree that all payments and monetary transactions are handled by third-parties. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party. You are responsible for all transactions (one-time, recurring, and refunds) processed through the App, in-App browsers, and/or third-parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through the App.
Withdrawals. We use third-party platforms and/or in-App browsers to process payments in connection with Members who earn compensation for Referrals (“Withdrawals”). Members are required to provide the requested payout account details, including but not limited to, name on the bank account, account number, and routing number in order for Withdrawals to be processed. In addition, Members will be required to initiate Withdrawals in order the payment to be processed. In other words, Member must access the Withdrawals or Refer A Friend feature of the Service, and manually initiate a Withdrawals for your earnings, and a $0.39 processing fee will be deducted from the Withdrawal balance. Withdrawals will not automatically be processed, and Plantd Life Inc. is not responsible for any Withdrawals that have not be initiated for processing, including any withdrawals that are not processed before the termination of your Member Account. You understand that any compensation earned in connection with your Member Account will not be available for Withdrawal once your Member Account has been terminated. In addition, Plantd Life Inc. shall be held harmless and/or is not responsible for any tax reporting in connection with Withdrawals or earnings on the App.
No Background Checks. We do not conduct criminal background checks on Members at this time. We also do not inquire into the backgrounds of Members to verify any of the statements of its Members. We make no representations or warranties as to the conduct of Members or their compatibility with any future or current Members. We reserve the right to conduct a criminal background check or screening at any time in the future using public database records or other means. We will not be liable for any damages whatsoever, direct, or indirect, compensatory, special, general, consequential, and/or incidental, relating to the conduct of you or anyone else in connection with the use of our Service.
Monitoring and Removal of Content. We reserve the right, but have no obligation, to monitor any and all public and private postings, messages, or other content on the Service. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Service. Notwithstanding our right to monitor content, we are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all Members (including unauthorized Members, as well as the possibility of “hackers”).
Due to the volume of content on the Service, we do not and cannot review every message, content, or other information posted or sent through the Service. We are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public or private postings and messages, that we, in our sole discretion, may deem to violate these terms and conditions or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages, and other materials you may upload to the Service or otherwise provide to Members of the Service.
General Permissions and Restrictions for Use of the Service. We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service or terminate your Member Account at any time for any reason.
Code of Conduct and Further Restrictions on Use of our Service. In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Member Content, that: (a) fails to comply with these terms and conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third-party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.
You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Service; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Service, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, public, private, personal, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
Responsibility for Your Content and Conduct. If you chose to share your personal information, photographs, and other Content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the Service pursuant to these terms and conditions. You further agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not endorse any Content submitted to the Service by any Member or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all Content if properly notified that such Content infringes on another's intellectual property rights without prior notice.
Termination. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Member Account and/or Subscription. If you wish to terminate your Member Account, you may do so by following the instructions on the Service. Any fees paid in connection with the Service are non-refundable. If your Member Account is terminated, for whatever reason, all Giveaway entries associated with your Member Account will be forfeited, and ineligible to receive the Prize. We reserve the right to not honor or deem any Giveaway entries eligible following the termination of any Member Account. All provisions of these terms and conditions which, by their nature, should survive termination shall survive termination, including, without limitation, licenses of Member Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If there is any inconsistency with the terms of the Giveaway, or these terms and conditions, the terms of this provision shall govern solely with respect to Giveaway entries and the termination of Member Accounts.
Third-Party Services. The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, information, goods, or services available on or through any such website or resource.
Additional Terms
Geographic Scope. While this App may be viewed internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New Jersey. We may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different Members.
Electronic Communications. When you visit the App, contact us through the App, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the App satisfy any legal requirement that such communications be in writing.
Acceptance of Modification of Terms and Conditions. You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the App. By continuing to use the Service or the App, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions.
Proprietary Information. The Service contains information, which is proprietary to us and/or Members of the Service. We assert full copyright protection in the Service. Any information posted by us, or Members of the Service may be protected whether or not it is identified as proprietary to us or to the Member. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Limited License, App Access, and Non-Commercial Use. We grant you a nonexclusive, nontransferable, revocable, limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it.
This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.
Service Descriptions. We attempt to be as accurate as possible when describing our Service on the App. However, we do not warrant that service descriptions or other content of this website are accurate, complete, reliable, current, or error-free.
Copyright. All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws. The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws. All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.
Trademarks. We own of the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this App, including, without limitation, the following:
Plantd
US Serial Number 97298990 and 97916531
#DoYourPart
US Serial Number 97934193
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the App.
Patents. One or more patents may apply to the App and to the features, products, and the Service accessible via the App. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.
Copyright Complaints and Removal of Information. We respect the intellectual property rights and personal information of others, and we ask our Members to do the same. The following actions may be used to deter suspicious content: (a) Removal of personal information, including but not limited to, names, and the likeness of an individual (b) Removal of content upon receipt of intellectual property infringement claim against the same from intellectual property right holders; (c) Written notification to Members responsible for content subject to intellectual property infringement claim; and/or (d) Termination of Member Account in respect of intellectual property infringement claims. In appropriate circumstances and in our discretion, we may terminate the rights of any Member to use of the App (or any part thereof) who infringes the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the App;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, and a notice to remove personal information from the Pulse to our designated agent for notice of claims of copyright infringement on the App at the following addresses:
Plantd Life Inc.
320 Broad Street
Red Bank, NJ 07701
Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed, or if you wish for information to be removed.
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agree to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability. The App is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App. You expressly agree that your use of the App is at your sole risk.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP, ITS SERVICE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.
AS SET FORTH ABOVE, WE ARE NOT LIABLE FOR INFORMATION OR ANY MEMBER INTERACTIONS, INCLUDING BUT NOT LIMITED TO, THE LEAK OR DISSEMINATION OF ANY PRIVATE INFORMATION OR CONFIDENTIAL FILES, MEMBER RECORDINGS, ANY CONTENT SHARED THROUGH SCREEN SHARING TECHNOLOGY (OR THROUGH ANY OTHER MEANS), OR ANY HARM CAUSED BY THE RECEIPT, DELIVERY, OR USE OF INFORMATION OR MALICIOUS FILES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Governing Law. This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of New Jersey, United States of America. By using the Service, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.
Disputes. These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New Jersey, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the App, the Service, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Monmouth County, New Jersey.
YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR APP OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY AND SHOULD ANY THIRD-PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
Severability, Waiver, Assignment, and Merger. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the App and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
Third Notice as to Modification. We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the App, Service, and the terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the App after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions, you should not use the App and, if applicable, you should arrange to cancel your Member Account with us.