Disclaimer, Terms, and Conditions for Use of
this Website, Programs, Products, and Services

Disclaimer For Website, Programs, Products, and Services

Welcome to Plantimize.com. By entering this website or purchasing or using our blog, e-mails, videos, social media, programs, products and/or services, from or related to Plantimize.com, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products, and Services”).

For Educational and Informational Purposes Only

The information provided in or through our Website, Programs, Products, and Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Plantimize.com whether through in-person, phone, video, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing health education, and in no other role.

Not a Substitute for Medical Advice 

The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by you or your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.

Not Holding Self Out 

In this capacity as a health coach, I am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy.  Rather, I serve as a trainer, educator, coach, mentor and guide who provides education and learning opportunities.

Consult Your Physician or Health Care Provider

Our intent is NOT to replace any relationship that exists or should exist, between you or your Medical Provider or Mental Health Provider. You should always seek the advice of your own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your specific health situation.  We advise you to speak with your own Medical Provider or Mental Health Provider before implementing any suggestion or recommendation considerations obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; engaging in an elimination diet, detox or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us.  You should not stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you have or suspect that you have a medical problem, you are advised to contact your own Medical Provider or Mental Health Provider promptly.

Personal Responsibility

Our Website, Programs, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, Products and Services, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your own health, life and well-being, as well as the health, lives, and well-being of your family and children (where applicable), for all decisions now or in the future.

Testimonials 

We present real-world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved and or perspectives they have. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.  Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products, and Services, are the culmination of numerous variables, some of which we cannot control.

Assumption of Risk

There are sometimes unknown individual risks and circumstances that can arise during use of our Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results.  We are not responsible for your personal choices or actions before, during or after use of our Website, Programs, Products, and Services. You understand that any mention of any suggestion or recommendation consideration on or through our Website, Programs, Products, and Services is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that business failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, obtained through our Website, Programs, Products, and Services. Your use, or non-use, of this information, is at your own risk, and you absolve us of any liability or loss that you, your family and/or children or any other person may incur from you or their use or non-use of the information provided.

No Liability and Release of Claims 

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs, Products, or Services.  In no event will we be liable to you, or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs, Products, or Services, or on those affiliated with us in any way, and you hereby release us from any and all claims, including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.  We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering this Website, Program, Products, or Services in any way. In the event that you use the information provided through our Website, Programs, Products, or Services by us or affiliated with us, we assume no responsibility.  We will not be held responsible in any way for the information that you request or receive through our Website, Programs, Products, or Services. By using our Website, Programs, Products, or Services, you fully and completely hold harmless, indemnify and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to our Website, Programs, Products, or Services, unless arising from the gross negligence on our part.

No Warranties 

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS, AND SERVICES.

Not Evaluated by the FDA 

The information contained on this Website or provided through our Website, Programs, Products, and Services has not been evaluated by the Food and Drug Administration.

Accuracy

Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products, and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of healthcare, scientific, business, and technology research is constantly evolving, we cannot be held responsible for the accuracy of our content.

No Endorsement 

Reference or links in our Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help and for informational and educational purposes only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Website, Programs, Products or Services.  Should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.

By using our Website, Programs, Products, and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at support@plantimize.com.

Website Terms and Conditions

Please read these Terms and Conditions carefully. Plantimize.com reserves the right to change these Terms and Conditions on the Website from time to time, and by using the Website, you agree to the Terms and Conditions as they appear whether or not you have read them. If at any time you do not agree with these Terms and Conditions, please do not use this Website.

Website Use and Consent

Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a member of our programs, you agree to certain terms which are outlined below.

If you have purchased a program or subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.

We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We, of course, try to limit the frequency and duration of any suspension or restriction.

Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to our Website.

This Website is intended for users who are eighteen (18) years of age or older though for informational purposes may be viewed by those thirteen (13) years of age or older. Any registration by, use of or access to the Website by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using this Website, you represent and warrant that you are 13 years or older and that you agree to abide by all of our terms and conditions.

Intellectual Property Rights

The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. The content is solely owned by us unless otherwise indicated. All rights to such materials are reserved to their respective copyright owners.

Our Limited License to You

This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.

If you purchase any program, services, or materials through this Website, you will be considered our Licensee and the terms and conditions specifically relating to the respective program or service purchase shall apply.

If you are a visitor to this Website and you are not making a purchase of a program, service, or materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you enroll in or purchase any of our programs or services or obtain information through this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.

In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this Website has been developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.

You may not use this site or the materials available on or through this Website in a manner that constitutes an infringement of our rights, or that has not been authorized by us.

As a visitor to this Website, you may from time to time, download and/or print copies of individual pages of the Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained. By downloading, printing, or otherwise using Website content for personal use you in no way assume any ownership rights of that material.

You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you unless specifically permitted to do through the terms and conditions relating to your respective program or service purchase or unless specifically authorized by us in advance and in writing.

Unless otherwise explicitly authorized in these Terms and Conditions or the terms and conditions relating to a specific program or service you purchased through this Website, or unless you obtain advance written permission from us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.

All rights not expressly granted in these terms or any express written license are reserved by us.

The trademarks and logos which are displayed on the Website are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older.  In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.

Obtaining Permission to Use Our Intellectual Property

Any request for permission of our content or images, or other use of information obtained from or through our Programs, Products, Services, or Website, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this Website, or by sending an e-mail to support@plantimize.com.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Disclaimer

As a visitor to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.

THE INFORMATION, PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

We try to ensure our Website is available for use at all times, other than for a small period of scheduled downtime; however, we do not warrant that at other times our Website will be available.

To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you.

The content obtained on or through this Website is designed for non-medically trained individuals and should not be relied upon as a replacement for consultation with your doctor or other qualified healthcare providers.

The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. You should not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. You should not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you have or suspect that you have a medical or mental health issue, you are advised to contact your own health care provider promptly.  You assume all risks and no results are guaranteed. The content of this Website is provided for educational and informational purposes only, to help you reach your own health goals.

By using our Website in any way or for any reason, you also implicitly agree to our full Disclaimer.

Limitation of Liability

Plantimize.com AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN plantimize.com AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  Notwithstanding the foregoing, the sole and entire maximum liability of plantimize.com and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from plantimize.com on this site.  You agree to indemnify, defend and hold harmless plantimize.com and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

Third Party Links

Throughout this Website, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Website to other websites maintained by third parties. Links are provided for your convenience, and an inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator or content.

Also, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through their websites or on websites linked to our Website.  We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies.  It is your responsibility to review these terms and conditions and privacy policies of other websites to confirm that you understand and agree with those policies.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse, and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity.

Online Commerce

Certain sections of the Website may allow you to purchase many different types of programs, products or services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these programs, products or services.

If you make a purchase from a merchant on the Website or on an external site linked to by the Website or through a cellular phone app, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.

A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase our Programs, Products or Services on or through the Website, you are subject to additional terms and conditions that specifically apply to your purchase or use of such Programs, Products or Services.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or cellular phone app. You agree to use the Website and to purchase our Programs, Products or Services through the Website or cellular phone app for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur and agree not to assert any claims against them or us, arising from your purchase or use of any programs, products or services made available by third parties through the Website or cellular phone app.

Your participation, correspondence or business dealings with any third party found on or through our Website or cellular phone app, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When purchasing for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Your Conduct

Your respectful conduct is appreciated on our Website and that you agree to maintain the security of any account you may establish on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site.  And that you also agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying plantimize.com.

You must not use our Website in any way that causes or is likely to cause our Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us.

You must use the Website for lawful purposes only.  You must not use the Website for any of the following:

• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity


• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam


• To cause annoyance, inconvenience or needless anxiety


• To impersonate any third party or otherwise mislead as to the origin of your content


• To reproduce, duplicate, copy or resell any part of our Website or the content therein in contravention with these terms of use or any other agreement with us
  

You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site.  You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.  You further agree that you will not access our website by any means except through the interface provided by plantimize.com for access to the site.  You agree that you will not access this site from any territory where its contents are illegal, and that you, and not plantimize.com and its affiliates, are responsible for compliance with applicable local laws.

General

Adherence and Arbitration

The failure of plantimize.com or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.  You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.  The “No Warranties", "Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of plantimize.com and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 

With the prior agreement of plantimize.com, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration is to be brought and held in Long Beach, CA, USA or via a mutually agreed upon online based arbitrator such as Arbitration Resolution Services, Inc..  The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction.  This provision shall be specifically enforced by a court of competent jurisdiction.

Applicable Law; Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules.  Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Long Beach, CA.

Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

Entire Agreement

This Agreement constitutes the entire and only Agreement between plantimize.com and each user of this site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.  You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.

Termination

You may terminate this Agreement at any time, provided that you discontinue any further use of this Website, Programs, Products, or Services.

We reserve the right in our sole discretion to refuse or terminate your access to the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.

If you have any questions, please contact us at support@plantimize.com.

Updated August 13, 2018

Plantimize.com may, in its sole discretion, amend the Disclaimer, Terms, and Conditions for Use of this Website, Programs, Products, and Services from time to time.  Please check this Disclaimer, Terms, and Conditions for Use of this Website, Programs, Products, and Services area periodically for changes.  Use of this website after any modification implies that you consent to the Disclaimer, Terms, and Conditions for Use of this Website, Programs, Products, and Services as modified.