Plants Not Perfection
Terms and Conditions and License Agreement of Clean Cuisine, LLC (d/b/a Plants Not Perfection)
(Last Updated: March 12, 2018)*
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND MOBILE APPLICATION END USER LICENSE AGREEMENT CAREFULLY BEFORE USING ANY ASPECT OF PLANTS NOT PERFECTION OFFERINGS.
1. User’s Acknowledgment and Acceptance of Terms
You agree to be bound by the following Terms and Conditions and Mobile Application End User License Agreement of Corp, LLC (d/b/a Plants Not Perfection) ("Terms and Conditions"), in their entirety, when you: (a) access or use the plantsnotperfection.com website or any other online Plants Not Perfection platform (collectively, the "Site"); (b) access or use the Plants Not Perfection mobile application (the "App"); (c) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site and/or in the App (collectively, "Content"); (d) sign up to receive the Plants Not Perfection subscription service (the "Plants Not Perfection Subscription Service"), and/or any other products or services offered by Plants Not Perfection from time to time (collectively, with the Plants Not Perfection Subscription Service, the "Plants Not Perfection"); (e) purchase or otherwise redeem or sign up to receive or send Plants Not Perfection gift cards or gift certificates (including for all purposes of the Agreement electronic gift cards or certificates) (collectively, "Gift Cards") or Trial Offers (as defined in Section 3(g)) ; (f) access links to Plants Not Perfection social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, "Social Media Pages"); (g) enter one of the sweepstakes, contests and/or other promotions offered or conducted by Plants Not Perfection from time-to-time (collectively, "Promotions"); and/or (h) utilize the many interactive features of the Site and/or App designed to facilitate interaction between you, Plants Not Perfection and other users of the Site and App, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Site and App, as applicable (collectively, the "Interactive Services" and together with the Site, App, Content, Plants Not Perfection Service, Gift Cards, Trial Offers, Social Media Pages and Promotions, the "Plants Not Perfection Offerings"). Plants Not Perfection Offerings are owned and operated by Corp, LLC d/b/a Plants Not Perfection ("Plants Not Perfection," "we," "our" or "us").
IMPORTANT: BY USING THE Plants Not Perfection OFFERINGS, YOU AGREE TO RESOLVE ALL DISPUTES WITH Plants Not Perfection THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. THE EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTION 14.
Blog posts and other Content on the Site or in the App may contain recipes, meal recommendations, dietary advice (collectively, the "Dietary Advice") and the food products delivered in connection with the Plants Not Perfection Service (collectively, the "Dietary Options") will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through the Plants Not Perfection Offerings or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. ("Facebook"). LinkedIn® is a registered trademark of LinkedIn Corporation ("LinkedIn"). Pinterest® is a registered trademark of Pinterest, Inc. ("Pinterest"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Snapchat® is a registered trademark of Snapchat, Inc. YouTube® is a registered trademark of Google, Inc. ("Google"). Please be advised that Plants Not Perfection is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Plants Not Perfection Offerings are not endorsed, administered or sponsored by any of those parties.
If you have any questions about the Agreement or Plants Not Perfection, please access our Frequently Asked Questions or email us at email@example.com
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and in the App, and you should review the Agreement prior to using the Plants Not Perfection Offerings and from time to time thereafter. By your continued use of any of the Plants Not Perfection Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement, as in effect at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions in effect at the time of the subject dispute or incurred charges, as applicable). All amendments or modifications to the Agreement shall be effective immediately upon publication on the Site and App.
3. Plants Not Perfection Service
(a) Payment and Billing Information. By providing your credit or debit card information (or other payment method accepted by Plants Not Perfection from time to time) when you sign up, and as updated from time to time on your Account page (your "Payment Method"), you authorize Plants Not Perfection and/or our third-party payment processor to charge your Payment Method as provided in the Agreement. Plants Not Perfection is unable to accept checking account transactions, paper checks, food stamps or third-party coupons at this time. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Delivery for the affected weeks. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Site or App, as applicable. In the event any such update or change is made after the Cut Off Time (as defined below) for your next scheduled Delivery, such update or change may not take effect immediately. Your right to use the Plants Not Perfection Service is subject to limits established by Plants Not Perfection and/or by the issuer of your Payment Method.
(b) Refunds and Credits. If you are dissatisfied with a Delivery and/or something is missing from your package, please contact us at firstname.lastname@example.org and we may, in our sole discretion, issue a credit to your Account. All requests for a refund must be made within ten (10) days from the date that your Account was charged for the underlying Delivery. If you request a refund after the ten (10) days period, we may, in our sole discretion, issue a credit in lieu of a refund to your Account. Credits are subject to additional terms and conditions. Please visit Section 3(e) of the Agreement for our credit terms, conditions and policies.
If you participate in any referral program or other referral offer that we offer from time to time, any referral credits earned by you or sent to you must be used within 30 days from the date of issuance, unless otherwise expressly specified in the terms of such referral program or offer. Plants Not Perfection reserves the right, in its absolute discretion, to determine your eligibility to participate in any referral program or other referral offer and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, Delivery and/or Account cancellation and/or cancellation of any outstanding referral or other unpaid credits.
(c) Third-Party Information Providers and Merchants. In certain cases, the Plants Not Perfection Service may permit you to order and receive products, information and services from third parties that are not owned or operated by Plants Not Perfection. In such instances, Plants Not Perfection acts only as the link between you and such third parties. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. Plants Not Perfection makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that Plants Not Perfection makes such products, information, and services available to you should not be construed as an endorsement of the third parties and/or the products, services, and information that they provide. You agree that Plants Not Perfection shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by Plants Not Perfection.
The Site and App contain Content which includes, but is not limited to, information pertaining to the Plants Not Perfection Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site and in the App.
6. Interactive Services
Subject to the restrictions set forth herein, the Interactive Services will allow end-users to participate in comment sections and other interactive areas of the Site and/or App. Each end-user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each end-user shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, "Feedback") posted by and through the Interactive Services. You understand and agree that Plants Not Perfection shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Plants Not Perfection does not monitor the Feedback submitted by end-users, and operates the comment sections of the Site and App as a neutral host. The Interactive Services contain Feedback that is provided directly by end-users. You agree that Plants Not Perfection shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Plants Not Perfection does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Plants Not Perfection reserves the right to remove any Feedback from the Site and/or App at any time and for any reason, in Plants Not Perfection’s sole discretion.
You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the Plants Not Perfection Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) "stalk" or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other end-users; (g) transmit any chain letters, spam or junk e-mail to other end-users; (h) express or imply that any statements that you make are endorsed by Plants Not Perfection, without Plants Not Perfection’s specific prior written consent; (i) harvest or collect personal information of other end-users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the App, Site and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the App and/or Site; (m) interfere with or disrupt the App, Site and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spam ware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) "frame" or "mirror" any part of the App and/or Site without Plants Not Perfection’s prior written authorization; (q) use metatags or code or other devices containing any reference to any Flex Your Plate Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Plants Not Perfection Offerings or any software used in or in connection with Plants Not Perfection Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the App and/or Site without notice, in the sole discretion of Plants Not Perfection. Plants Not Perfection reserves the right to pursue any and all legal remedies against end users that engage in the aforementioned prohibited conduct.
7. License and Proprietary Rights
(a) Copyright and Ownership. The Site, App, and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the "Plants Not Perfection Materials"), are the sole and exclusive property of, or duly licensed to, Plants Not Perfection. Consent is granted to view, electronically copy, and print in hard copy portions of the App and Site for the sole purpose of using the Plants Not Perfection Service. Any other use of the Plants Not Perfection Materials, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Plants Not Perfection is strictly prohibited. You acknowledge that Plants Not Perfection and/or third-party content providers remain the owners of such Plants Not Perfection Materials and that you do not acquire any of those ownership rights by downloading copyrighted material. Plants Not Perfection reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Plants Not Perfection.
(b) Trademarks. "Plants Not Perfection," all other Plants Not Perfection marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Clean Cuisine LLC or otherwise proprietary to Clean Cuisine LLC., and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the Plants Not Perfection Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Plants Not Perfection Offerings.
8. Copyright Policy/DMCA Compliance
Plants Not Perfection reserves the right to terminate any end-user’s access to the Plants Not Perfection Offerings where that end-user infringes upon third-party copyrights. If any end-user or other third party believes that a copyrighted work has been copied and/or posted via the Plants Not Perfection Offerings in a way that constitutes copyright infringement, that party should provide Plants Not Perfection with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows:
9. Access to the Plants Not Perfection Offerings
(a) Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Plants Not Perfection Offerings. You agree to comply with all applicable laws and the terms of the Agreement in connection with your use of or participation in any Plants Not Perfection Offerings. You hereby represent that you are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Site, App and/or other Plants Not Perfection Offerings may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Plants Not Perfection may undertake from time to time; or (c) causes beyond the reasonable control of Plants Not Perfection or which are not reasonably foreseeable by Plants Not Perfection. Plants Not Perfection shall not be liable to you in any such event.
(b) Your Account/Registration. You are responsible for all charges (including applicable taxes) to your Account in connection with your use of the Plants Not Perfection Service, including in connection with your Plan and/or any other add-on or other purchases that are selected for purchase from time to time, by you or anyone you allow to use your Account and password to access the Plants Not Perfection Service.
In order to access the Plants Not Perfection Offerings, you must provide some or all of the following information: (a) your full name; (b) your e-mail address; (c) your mailing and/or billing address; (d) your telephone number; (e) your Payment Method information; (f) information pertaining to your alternative receiver of product ; and (g) any other information requested by Flex Your Plate (collectively, "Account Information"). You agree and accept responsibility for keeping all your Account Information current, up to date and accurate in all respects. You can update your Account Information by visiting your Account page on the Site or App, as applicable, or by contacting us at email@example.com. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent Account Information and that you are solely responsible for any Account Information that you provide to Plants Not Perfection, and accept responsibility for all activities that occur under your Account or password and for restricting access to your computer and mobile device(s), as applicable.
10. Representations and Warranties
Each end-user hereby represents and warrants to Plants Not Perfection as follows: (a) the Agreement constitutes such end-user’s legal, valid and binding obligation which is fully enforceable against such end-user in accordance with its terms; (b) such end-user understands and agrees that such end-user has independently evaluated the desirability of utilizing the Plants Not Perfection Offerings and that such end-user has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such end-user’s performance under the Agreement, such end-user’s use of the Plants Not Perfection Offerings and her/his Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (d) if applicable, such end-user will be solely responsible for her/his feedback.
Each end-user agrees to indemnify, defend and hold Plants Not Perfection and the Plants Not Perfection Parties (as defined below) harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) her/his feedback; (b) any dispute between that end-user and any other end-user or third party; (c) that end-user’s breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that such end-user (or that end-user’s feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that such end-user’s use of the Plants Not Perfection Offerings has violated any applicable law; and/or (f) such end-user’s use of the Plants Not Perfection Offerings in any manner whatsoever.
12. Warranty Disclaimer
THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PLANTS NOT PERFECTION MAKES NO WARRANTY THAT THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PLANTS NOT PERFECTION WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE PLANTS NOT PERFECTION OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANTS NOT PERFECTION OR OTHERWISE THROUGH OR FROM THE PLANTS NOT PERFECTION OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, PLANTS NOT PERFECTION DOES NOT ENDORSE END-USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PLANTS NOT PERFECTION, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FLEX YOUR PLATE PARTIES"), SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLANTS NOT PERFECTION OR THE APPLICABLE PLANTS NOT PERFECTION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE PLANTS NOT PERFECTION OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE PLANTS NOT PERFECTION AND THE PLANTS NOT PERFECTION PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PLANTS NOT PERFECTION TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR PLANTS NOT PERFECTION MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PLANTS NOT PERFECTION. ACCESS TO THE PLANTS NOT PERFECTION OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PLANTS NOT PERFECTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING (IN NEW JERSEY) THE MAXIMUM LIMITATION AVAILABLE UNDER LAWS SUCH AS THE NEW JERSEY PUNITIVE DAMAGES ACT, THE NEW JERSEY PRODUCT LIABILITY ACT, THE NEW JERSEY CONSUMER FRAUD ACT, AND OTHER LAWS OR REQUIREMENTS IN NEW JERSEY.
14. Dispute Resolution Provisions
In the event of any dispute, controversy or claim arising out of or relating to the Plants Not Perfection Offerings or the Agreement, or any provisions of the Agreement, or the breach of same by any party hereto: (a) each of you and Plants Not Perfection agree to submit such dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Plants Not Perfection or the Plants Not Perfection Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Plants Not Perfection incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, the Agreement as provided hereunder.
15. User Content and Material.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #PlantsNotPerfection or any other Plants Not Perfection promoted hashtag (collectively "User Content") shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Plants Not Perfection and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to this Agreement or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Plants Not Perfection will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Plants Not Perfection shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Plants Not Perfection retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Plants Not Perfection, you will furnish Plants Not Perfection any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You are solely responsible for the User Content and you hereby agree to indemnify and hold Plants Not Perfection and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. In states where your obligation to indemnify and hold harmless may be limited, such as New Jersey, you agree to indemnify and hold harmless Plants Not Perfection to the maximum extent of the law.
Plants Not Perfection does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Plants Not Perfection and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Plants Not Perfection or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Plants Not Perfection has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Plants Not Perfection acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Plants Not Perfection becomes aware of any User Content that allegedly may not conform to these Terms, Plants Not Perfection may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Plants Not Perfection has no liability or responsibility to end-users for performance or nonperformance of such activities.
PLANTS NOT PERFECTION HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST PLANTS NOT PERFECTION FOR SUCH REMOVAL AND/OR DELETION. PLANTS NOT PERFECTION IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
(a) Termination. The Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Plants Not Perfection may suspend or terminate the Agreement or any Plants Not Perfection Offerings or remove or disable access to all or any portion of the Plants Not Perfection Offerings at any time for any reason or for no reason with or without notice to you. You may terminate your Plants Not Perfection Service account at any time for any reason or for no reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. Plants Not Perfection reserves the right to collect fees and charges incurred before you cancel your Plants Not Perfection Service account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancelation.
(b) Third Party Websites. The Plants Not Perfection Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Pages. Plants Not Perfection does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by Plants Not Perfection of the applicable website or any association with the website’s operators. Because Plants Not Perfection has no control over such websites and/or resources, each end-user agrees that Plants Not Perfection is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any end-user’s data privacy by third parties. Each end-user further agrees that Plants Not Perfection shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such website.
(c) Notices. Plants Not Perfection may give notice to you of any change or any other communication related to the Agreement through a general posting on the Site and in the App, by email, or by conventional mail to your address contained in the data provided by you in your account. You may give notice to Plants Not Perfection by emailing firstname.lastname@example.org.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - HOSTING
Our store is hosted on a third-party server. Your data is stored through our hosting provider's data storage, databases and the general applications. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway, it is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org