PlantANT Terms of Use

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1. ACCEPTANCE OF TERMS

PlantANT provides a collection of online resources, including plant and material listings, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular PlantANT services, you agree to abide by any applicable posted guidelines for all PlantANT services, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with PlantANT in any way, your only recourse is to immediately discontinue use of PlantANT.

PlantANT has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that PlantANT does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate or misleading. Furthermore, the PlantANT site and Content available through the Service may contain links to other websites, which are completely independent of PlantANT. PlantANT makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PlantANT be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PlantANT does not pre-screen or approve Content, but that PlantANT shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The PlantANT site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PlantANT, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that PlantANT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PlantANT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PlantANT, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. PRIVACY AND INFORMATION DISCLOSURE

PlantANT has established a Privacy Policy to explain to users how their information is collected and used, which is located in the footer of the following web address:

http://www.PlantANT.com/

Your use of the PlantANT website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that PlantANT may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of PlantANT, its users or the general public.

6. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

d) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by local law;

e) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by PlantANT;

f) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

g) post the same item or service more than once or in more than one category;

h) attempt to gain unauthorized access to PlantANT's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PlantANT website;

i) posting false data that circumvents PlantANT's intended sorting, ordering, and relevancy logic;

7. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to PlantANT email addresses or PlantANT user’s email addresses, is expressly prohibited by these Terms. Any unauthorized use of PlantANT’s data is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. LIMITATIONS ON SERVICE

You agree that PlantANT has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PlantANT reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PlantANT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. ACCESS TO THE SERVICE>

Access to PlantANT does not include:

(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by PlantANT. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

PlantANT permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service. You may also create a hyperlink to the home page of PlantANT sites so long as the link does not portray PlantANT, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by PlantANT immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from PlantANT.

10. TERMINATION OF SERVICE

You agree that PlantANT, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PlantANT believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that PlantANT shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Sections 2, 4, 5 and 8-13 shall survive termination of the TOU.

11. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to

copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of PlantANT. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of PlantANT, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. PlantANT is a registered mark in the U.S. Patent and Trademark Office.

Although PlantANT does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PlantANT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant PlantANT all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE PlantANT SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PlantANT SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PlantANT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PlantANT SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PlantANT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PlantANT SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PlantANT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PlantANT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PlantANT SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PlantANT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PlantANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PlantANT SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PlantANT SITE OR THE SERVICE, FROM INABILITY TO USE THE PlantANT SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PlantANT SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PlantANT SITE OR THE SERVICE OR ANY LINKS ON THE PlantANT SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PlantANT SITE OR THE SERVICE OR ANY LINKS ON THE PlantANT SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

14. INDEMNITY

You agree to indemnify and hold PlantANT, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. GENERAL INFORMATION

The TOU constitute the entire agreement between you and PlantANT and govern your use of the Service, superceding any prior agreements between you and PlantANT. The TOU and the relationship between you and PlantANT shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and PlantANT agree to submit to the personal and exclusive jurisdiction of the courts located within the county

of Broward, Florida. The failure of PlantANT to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by emailing to: info@PlantANT.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

17. FEEDBACK

We welcome your questions and comments on this document in the PlantANT feedback page.

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