Terms of Service
WEBSITE TERMS OF USE AGREEMENT FOR PLANTJOTTER.COM WEBSITE
1. READ THIS:
This Terms of Use Agreement (“Agreement”) is made by and between you, the user, and Plantjotter LLC (“Plantjotter”), a Minnesota limited liability company, with offices at 8718 Monticello Lane North, Maple Grove, MN 55369. This Agreement contains the terms and conditions that govern your use of the Plantjotter.com Website (“this Website”).
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
PLANTJOTTER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN PLANTJOTTER’S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE PLANTJOTTER WEBSITE.
2. ACCESS TO THIS WEBSITE
To access this Website or some of the resources that it offers, you may be asked to provide certain registration details or other information, such as your email address and your password.
3. FEES
Plantjotter offers users a 30-day free trial of the site. After 30 days users may continue to use the features of the site at a subscription price of $21.00 for one year or $45.00 for three years.
4. RESTRICTIONS ON USE
You may use this Website for purposes expressly permitted by this Website. As a condition of your use of this Website, you warrant to Plantjotter that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. This Website is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Plantjotter’s prior written consent. Plantjotter may refuse service or terminate your access to this Website without prior notice for any violations of this Agreement.
5. TERMINATION
You agree that Plantjotter may, with or without cause, immediately terminate your Plantjotter account and access to the Plantjotter services without prior notice. Without limiting the foregoing, the following will lead to a termination by Plantjotter of a your use of the Plantjotter services: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unanticipated technical issues or problems, and (e) extended periods of inactivity. Termination of your Plantjotter account includes (a) removal of access to all offerings within the Plantjotter services, (b) deletion of your password and all related information, journal entries, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the Plantjotter services. Further, you agree that all terminations shall be made in Plantjotter’s sole discretion and that Plantjotter shall not be liable to you or to any third-party for any termination of your account or access to the Plantjotter services.
6. PLANTJOTTER COMMUNICATIONS
In the course of providing services to you, Plantjotter may need to communicate with you via email (see our Privacy Policy to learn more about communications). You notify Plantjotter about a current email address and receive emails which are specific to your account and necessary for the normal functioning of the Plantjotter services.
7. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT PLANTJOTTER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PLANTJOTTER DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. PLANTJOTTER ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS, IF ANY. PLANTJOTTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PLANTJOTTER MAKES NO WARRANTY THAT (I) PLANTJOTTER’S SERVICES WILL MEET YOUR REQUIREMENTS, (II) PLANTJOTTER’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF PLANTJOTTER’S SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH PLANTJOTTER WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PLANTJOTTER’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PLANTJOTTER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM PLANTJOTTER OR THROUGH OR FROM PLANTJOTTER’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
8. INDEMNITY
You will indemnify and hold Plantjotter, its members, governors, managers, officers, employees, representatives, and agents harmless from any direct, indirect, incidental, special, consequential, or exemplary damages resulting from (i) your use of Plantjotter’s services; (ii) unauthorized access to or alteration of your communications with or through Plantjotter’s services; or (iii) any other matter relating to Plantjotter’s services or your breach of this Agreement.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLANTJOTTER WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PLANTJOTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF PLANTJOTTER TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU HAVE PAID TO PLANTJOTTER, IF ANY, FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
10. INTELLECTUAL PROPERTY
Plantjotter, the Plantjotter logo, and other Plantjotter logos and names are trademarks of Plantjotter LLC. You agree not to display or use these trademarks in any manner without Plantjotter’s prior written consent. Articles and information posted on this Website are the property of, and are subject to copyright of, Plantjotter. Information posted by you on your account is deemed owned by you, provided that Plantjotter also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. SECURITY
A. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to notify Plantjotter immediately in the event of any unauthorized use of your password or account or any other breach of security.
B. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. In the event that you are involved in any violation of system security, Plantjotter reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
C. Plantjotter reserves the right to monitor use of this Website to determine compliance with this Agreement, the right to access your account and any submissions or entries made to your account, and the right to remove or refuse any information for any reason. Plantjotter reserves the right to investigate suspected violations of this Agreement, and Plantjotter reserves the right to disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Plantjotter, its users, and the public.
12. MISCELLANEOUS
A. These Terms of Use will be governed and interpreted pursuant to the laws of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and Plantjotter arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Minneapolis, Minnesota.
B. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
C. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Plantjotter with respect to Plantjotter’S Websites.
D. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
E. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
F. Plantjotter may revise these Terms of Use at any time by updating this posting.