“You” and “your” refer to you, as a user of our Products. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses our Products. “We,” “us,” and “our” refer to Plant Nativ.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with our Products, such as ratings, reviews, “likes,” “helpful” votes, comments, questions, replies, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with our Products. “Plant Nativ Content” means Content that we create and make available in connection with our Products. “Third Party Content” means Content that originates from parties other than Plant Nativ or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with our Products, including Your Content, User Content, Third Party Content, and Plant Nativ Content.
2. Using Plant Nativ Products
You may access or use our Products only if you are 18 years or older, and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from our Products or closed your account.
We may automatically upgrade our Products, and these Terms will apply to such upgrades.
b. Permission to use the Site
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. If you are accessing our Products as an individual, then any and all use must be for your personal, non-commercial use only. If you are accessing our Products on behalf of a business entity, then any and all use must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with Plant Nativ. Your use of our Products is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
c. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Products. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. If any, you agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
You represent that any information that you provide when creating your Plant Nativ account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you represent a business, brand, or product, you must disclose your affiliation in any reviews or other User Content that you may post.
d. Communications and Notifications
You retain all rights in, and are solely responsible for, Your Content posted to Plant Nativ. However, you grant Plant Nativ and its users the right to use Your Content in the ways described below.
a. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Plant Nativ.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
b. How Plant Nativ and others can use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us a perpetual, non-exclusive, royalty-free, assignable, transferable, sublicensable, worldwide license to use Your Content for any purpose. You also irrevocably grant the users of our Products and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Plant Nativ and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
c. How long we keep Your Content
We will retain full rights to Your Content until such time as you deactivate your account (resulting in all of Your Content being deleted from our Products), or remove a specific piece of Your Content from Plant Nativ Products (for example, editing or deleting a specific rating, review, question, or comment). Following termination or deactivation of your account, or if you remove Your Content, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Plant Nativ and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of Your Content that other users may have stored or shared through our Products.
As between you and Plant Nativ, you own Your Content. We own Plant Nativ Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Plant Nativ Content and our Products, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Plant Nativ Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Products and Plant Nativ Content are retained by us.
We may publicly display advertisements and other information adjacent to or included with Your Content (for example, a product advertisement may be featured next to your review of that product). You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by Plant Nativ) does not necessarily reflect the opinion of Plant Nativ. We reserve the right to remove, modify, or reinstate User Content at our sole discretion for any reason, and without notice to you. For example, we may remove User Content if we believe it violates these Terms or our policies. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.[
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
a. You agree not to, and will not assist, encourage, or enable others to use our Products to:
- Violate our content guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use our Products for commercial purposes, except as expressly authorized by Plant Nativ;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate our search results or those on a partner website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
b. You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Products or Site Content (other than Your Content), except as expressly authorized by Plant Nativ;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Products or any Site Content;
- Reverse engineer any portion of our Products;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears anywhere throughout our Products;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of our Products for purposes of constructing or populating a searchable database of product reviews;
- Reformat or frame any portion of our Products;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Plant Nativ’s technology infrastructure or otherwise make excessive traffic demands of our Products;
- Attempt to gain unauthorized access to our Products, user accounts, computer systems or networks connected to our Products through hacking, password mining or any other means;
- Use our Products or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of our Products, or otherwise attempt to interfere with the proper working of our Products;
- Use our Products to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Products or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Products, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Products.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
We work hard to protect the security of your content and account, however Plant Nativ cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
6. Suggestions and feedback
If you choose to submit comments, ideas or feedback to Plant Nativ, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Plant Nativ does not waive any rights to use similar or related Feedback previously known to Plant Nativ, or developed by its employees, or obtained from sources other than you.
7. Third-party links, sites, and services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Plant Nativ. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Plant Nativ, you do so at your own risk and you agree that Plant Nativ will have no liability arising from your use of or access to any third-party website, service, or content.
We may close your account, suspend your ability to use certain portions of our Products, and/or ban you altogether from our Products for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, our Products, Your Content, Site Content, or any other related information.
In the event of termination, you continue to be bound by Sections 3 and 6 -14 of these Terms.
You agree to indemnify, defend, and hold Plant Nativ, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Plant Nativ Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Proudcts (other than due to Plant Nativ’s misconduct, or violation of law, breach of written contract, or third party intellectual property), (ii) your violation of the Terms, (iii) any third party products or services purchased or obtained by you in connection with our Products, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Plant Nativ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Plant Nativ. Plant Nativ will use reasonable efforts to notify you of any claim, action or proceeding after becoming aware of it.
Not all homeowners will qualify for our services. Any services which Plant Nativ agrees to perform for a homeowner is subject to the homeowner entering into Plant Nativ’s customer contract.
Overall water, energy and money savings is not guaranteed and will vary based on location, landscape size, watering habits, utility rates, and maintenance issues. Results of landscape services are not guaranteed as each product will depend on numerous factors. Ongoing maintenance is the sole responsibility of each homeowner.
Unless otherwise expressly provided in writing, the Products and all included content are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, whether express or implied, unless expressly otherwise provided.
PLANT NATIV SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Plant Nativ takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Plant Nativ is not responsible for any typos, errors or pricing errors. Although we strive to prevent errors, posted prices are not final until transactions are processed by Plant Nativ.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANT NATIV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PLANT NATIV’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ANY AMOUNTS (IF ANY) THAT YOU PAID TO PLANT NATIV.
In the event of a dispute between the parties, you and Plant Nativ (each a “Party,” collectively, the “Parties”) agree to meet and confer in good faith within five (5) working days after the request of either Party. Absent a resolution, the Parties will within ten (10) working days utilize binding arbitration conducted in San Diego, California, according to the rules of the American Arbitration Association. The arbitrator presiding over proceedings arising pursuant to this Section shall be chosen by Plant Nativ and reasonably acceptable to you. Any award or decision obtained from any arbitration proceeding will be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction. No action at law or in equity based upon any claim arising out of or related to this agreement will be instituted in any court by any Party except (i) an action to compel arbitration pursuant to this Section, or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this section. Should the Parties utilize arbitration, both agree that neither Party shall, under any circumstances, be entitled to any fees, costs or expenses related to such arbitration or the enforcement of any right of either Party, including, without limitation, reasonable attorney’s fees and expenses. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLANT NATIV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in San Diego, California, for any actions not subject to Arbitration.
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
14. General terms
a. Access and updates to our Products
We reserve the right to modify, update, or discontinue our Products at our sole discretion, at any time, for any or no reason, and without notice or liability.
b. Changes to terms
We may modify the Terms from time to time. You understand and agree that your access to or use of our Products is governed by the Terms effective at the time of your access to or use of our Products. If we make material changes to these Terms, we will notify you by email or via our Products prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Plant Nativ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
d. Entire Agreement / Severability
e. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Plant Nativ’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
For any questions, please contact us at:
4901 Morena Blvd
San Diego, CA 92117
EMAIL: [email protected]