TERMS OF USE

 

  1. Acceptance of Terms of Use
  2. Modification of Terms
  3. Privacy Policy
  4. Disclaimers
  5. Registration news letter
  6. Limitation of Liability
  7. Third Party Content/Software
  8. Copyright and Trademarks
  9. Proprietary Rights in Web Site
  10. Shut-Down of Site
  11. Products
  12. Dispute Resolution
  13. Severability
  14. No Waiver
  15. Headings

 

Terms of Use

This website (“Web Site”) is offered to you by PlentyPlants B.V., Chamber of Commerce registration number 59692901, Jupiter 412, 2676 LX Honselersdijk, The Netherlands (“PlentyPlants”).

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the “Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

 

  1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

 

  1. Modification of Terms

These Terms of Use may be amended by PlentyPlants at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other PlentyPlants web sites may have their own terms of use which apply to such web sites.

PlentyPlants reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. PlentyPlants reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

 

  1. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with PlentyPlants’ Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

 

  1. Disclaimers

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. PLENTYPLANTS AND ITS PARTNERS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither PlentyPlants nor its partners and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. Do not submit confidential information here.

PlentyPlants and its subsidiaries, partners and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by PlentyPlants are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. 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.

 

  1. Registration news letter

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register for a news letter of PlentyPlants. This registration and this news letter is free of charge.

When you register, you must provide a unique, valid, current and verifiable e-mail address. Duplicate e-mail addresses are not allowed, so if the address you enter is already in use, you will be prompted to choose another one. In the event that delivery of such information fails for any reason, your registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. We reserve the right to refuse or cancel your registration. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, that are due to your conduct, inaction, or negligence.

 

  1. Limitation of Liability

IN NO EVENT SHALL PLENTYPLANTS OR ANY OF ITS PARTNERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF PLENTYPLANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF PLENTYPLANTS.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

 

  1. Third Party Content/Software

Plentyplants is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. PLENTYPLANTS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

 

  1. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by PlentyPlants, it’s partners or suppliers, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to PlentyPlants. All rights in the Content not expressly granted herein are reserved.

 

The registered trademarks of PlentyPlants are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of PlentyPlants when referencing our company’s products and services. You may not register nor use a name, domainname or other name, indication or description which consists of or includes any (part of a) registered trademark owned by PlentyPlants.

 

  1. Proprietary Rights in the Web Site

This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that the Content may be the subject of patents, copyrights, trademarks and other intellectual property rights of PlentyPlants, it’s partners, suppliers or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions presented on the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

 

  1. Shut-Down of Site

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content submitted to the Web Site.

 

  1. Products

The Web Site may contain references to specific products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact PlentyPlants or further information (via info@plentyplants.nl).

 

  1. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of The Netherlands.

 

  1. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

 

  1. No Waiver

No failure on the part of PlentyPlants to enforce any part of these Terms of Use shall constitute a waiver of any of PlentyPlants’ rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by PlentyPlants nor the reliance of any person on PLentyPlants’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of PlentyPlants shall have any legal effect whatsoever.

 

  1. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

 

Last Update: November, 2015

 

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