Effective date: July 6, 2019
Last updated: July 6, 2019
Part 01. Date of Effectiveness
By using the mobile application in any manner, you (the "user" or "you") agree to be bound by this user agreement, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. This agreement applies to all users of the mobile application, including without limitation users who are customers, merchants, contributors of content, information and other services on the application.
Part 02. Plantmatch Mobile Application is a Digital Venue
The Plantmatch mobile application serves as a digital venue to allow users who comply with Plantmatch policies to offer goods for adoption, swap or sale. The goods to be offered are limited to living plants in pots with soil, or living air plants (tillandsia species) without soil. Outdoor plants in the ground or in non-moveable planter boxes may not be posted.
You agree that the Plantmatch mobile application is a digital venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Plantmatch mobile application. You use the Plantmatch mobile application at your own risk.
Part 03. User Eligibility
The Plantmatch mobile application is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Plantmatch, LLC, may, in its sole discretion, refuse to offer access to or use of the mobile application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the mobile application is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Plantmatch, LLC’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Part 04. Connecting with Other Users
Users may arrange to meet in person with one or more individuals met via the Plantmatch mobile application for the purpose of delivering plants for adoption, swap or sale. Users are solely responsible for interactions with others. Users must comply with Plantmatch, LLC's policies and acknowledge and agree to comply with the laws of the city, county and country in which the in-person meeting occurs. Users are solely responsible for interactions with others. Users understand that Plantmatch, LLC does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting in person.
Plantmatch, LLC is not directly involved in the transaction between users. As a result, Plantmatch, LLC has no control over the quality, contents, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of users to provide items offered, or the ability of users to collect items offered. Plantmatch, LLC does not pre-screen users or the content or information provided by users. Plantmatch, LLC cannot ensure that a user will actually complete a transaction. Consequently, Plantmatch, LLC has no stake in the transfer of legal ownership of items from one user to another.
Plantmatch, LLC cannot guarantee the true identity, age, nationality, or motivations of a user. Plantmatch, LLC encourages you to only communicate directly with potential transaction partners via the messaging function available in the mobile application. Use discretion if you choose to provide your personal phone number, e-mail address, or other contact method to another user. If you have concerns you may also want to consider using a third-party service or services that provide additional user verification and background checks.
Plantmatch, LLC highly recommends that in-person plant pickups always be completed only in a public area such as a transit location, entryway to a public park, street intersection, entryway to a shopping center, university student center, or at a local business that is well-lit, safe and has other people present.
Part 05. Listing and Offering Potted Plants for Adoption, Swap or Sale
By listing a potted plant on the Plantmatch mobile application, you warrant that you and all aspects of the item comply with Plantmatch, LLC’s published policies. You also warrant that you may legally offer the item. You must accurately describe your potted plant in your Plantmatch mobile application listing. Your listing may include text descriptions and up to four photos of the potted plant. If more than one of the same plant and pot is available, the quantity available may be specified; otherwise, each potted plant must have its own listing.
Part 06. Fees and Services
Downloading the Plantmatch mobile application, setting up an account, and creating a listing for a plant to give or swap are free. Offering a plant for sale requires purchase of a listing package.
Part 07. Binding Transaction
The Plantmatch mobile application users are obligated to complete a plant adoption or swap transaction in a prompt manner, unless there is an exceptional circumstance.
Part 08. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to the Plantmatch mobile application and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "content") that you submit, post, and display on the Plantmatch mobile application.
Part 09. Restricted Activities
Your content and your use of the Plantmatch mobile application shall not:
a.) Be false, inaccurate or misleading;
b.) Be fraudulent or involve the exchange or sale of illegal, counterfeit or stolen items;
c.) Involve the exchange or sale of any plant species that is regulated by local, state or federal law;
d.) Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
e.) Violate this agreement, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
f.) Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or any similar agency in the jurisdiction of your listing as hazardous to consumers and therefore subject to a recall;
g.) Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Plantmatch, LLC staff or other Plantmatch mobile application users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar e-mail address, nicknames, or creation of false account(s) or any other method or device;
h.) Be obscene or contain any pornographic images;
i.) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
j.) Host images not part of a listing;
k.) Take any actions that may undermine or discredit the Plantmatch, LLC feedback and ratings systems;
l.) Attempt to decompile, reverse engineer, disassemble or hack the mobile application (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Plantmatch, LLC with respect to the services and/or data transmitted, processed or stored by Plantmatch, LLC;
m.) Harvest or collect any information about or regarding other Plantmatch mobile application account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers ("Automated Data Collection"), or otherwise, including, without limitation, any personal data or information;
n.) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;
o.) Modify, adapt or hack the Plantmatch mobile application or modify any website or application so as to falsely imply that it is associated with Plantmatch, LLC;
p.) Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the services or the servers or networks connected to the services;
q.) Appear to create liability for Plantmatch, LLC or cause Plantmatch, LLC to lose (in whole or in part) the services of Plantmatch, LLC’s internet service providers or other third-party services;
r.) Use the Plantmatch mobile application to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering, counter-terrorism, sanctions or embargos.
s.) Use the Plantmatch mobile application to violate the privacy of others or to "stalk" or otherwise harass another;
t.) Use the Plantmatch mobile application to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above;
v.) Furthermore, you may not list any item on the Plantmatch mobile application or consummate any transaction that was initiated using the Plantmatch mobile application that could cause Plantmatch, LLC to violate any applicable law, statute, ordinance or regulation, or that violates this user agreement.
Part 10. Content, License
Part 11. Compliance
You agree to comply with all local, state and federal laws regarding online conduct and acceptable content. In addition, you must abide by Plantmatch, LLC's policies as stated in this agreement as well as all other operating rules, policies and procedures that may be published or updated from time to time on this user agreement web page without notice to you.
Part 12. User Password
When using the Plantmatch mobile application, keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Plantmatch, LLC of any unauthorized use of your password or any breach of security. You also agree that Plantmatch, LLC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Plantmatch, LLC without Plantmatch, LLC’s express written permission.
Part 13. Account Information
You must keep your account information up-to-date and accurate at all times, including a valid e-mail address.
Part 14. Account Transfer
You may not transfer or sell your Plantmatch mobile application account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement.
Part 15. Account Cancellation
It is Plantmatch, LLC’s policy to terminate the user accounts that repeatedly infringe on the terms stated in this published user agreement. If you believe that a user is a repeat infringer, please contact us with evidence that will reasonably prove so and we will evaluate if account termination is appropriate. If you provide false information to Plantmatch, LLC in regard to a reported user agreement violation, Plantmatch, LLC may immediately terminate your user account and you may be subject to legal remedies.
Part 16. Right to Refuse Service
Plantmatch, LLC's services are not available to temporarily or indefinitely suspended Plantmatch mobile application users. Plantmatch, LLC reserves the right and sole discretion to cancel unconfirmed or inactive accounts. Plantmatch, LLC reserves the right to refuse service to anyone, for any reason, at any time.
Part 17. Use of Personal Information Received from Other Users
Part 18. Re-posting Content
By posting content on the Plantmatch mobile application it is possible for another user to re-post that content via links or social media or that Plantmatch, LLC will promote your content via social media. You agree to hold Plantmatch, LLC harmless for any dispute concerning this use. If you choose to display your own Plantmatch mobile application-hosted image on another website or social media, you agree to hold Plantmatch, LLC harmless for any dispute concerning this use.
Part 19. Idea Submissions
Plantmatch, LLC considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the mobile application or otherwise (other than the content posted by users) (collectively, the "material") to be non-confidential and non-proprietary, and Plantmatch, LLC shall not be liable for the disclosure or use of such material. If, at Plantmatch, LLC's request, any user sends material to improve the mobile application (for example to customer support), Plantmatch, LLC will also consider that material to be non-confidential and non-proprietary and Plantmatch, LLC will not be liable for use or disclosure of the material. Any communication by you to Plantmatch, LLC is subject to this user agreement. You hereby grant and agree to grant Plantmatch, LLC, under all of your rights in the material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable right and license to incorporate, use or publish such material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it into the mobile application, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Part 20. Information Control
Plantmatch, LLC does not control the content provided by users that is made available on the Plantmatch mobile application and, as such, does not guarantee the accuracy, integrity or quality of such content. You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
You acknowledge that Plantmatch, LLC may or may not pre-screen content, but that Plantmatch, LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any content that is available on the mobile application. Without limiting the foregoing, Plantmatch, LLC and its designees shall have the right to remove any content (i) that violates this user agreement; (ii) if we receive a complaint from another user; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, or in-app messages) as part of our effort to protect the service or our users, or otherwise enforce the provisions of this user agreement.
Part 21. Information Disclosure
You acknowledge, and consent to and agree that Plantmatch, LLC may access, preserve and disclose your account information and content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Plantmatch, LLC or in a good faith belief that such access preservation or disclosure is reasonably necessary to: a.) comply with legal process; b.) enforce this user agreement; c.) respond to claims that any content violates the rights of third parties; or d.) protect the rights, property or personal safety of Plantmatch, LLC, its users and/or the public.
Part 22. Risks and Liabilities
By using the Plantmatch mobile application you agree that to the maximum extent permitted by applicable law, Plantmatch, LLC (and Plantmatch, LLC officers, creators and employees), under no circumstances, will be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any content posted, e-mailed transmitted or otherwise made available on the mobile application, or any acts or omissions of users on the Plantmatch mobile application. Please use caution, common sense, and practice safe communications when using the Plantmatch mobile application for plant adoption, swapping and sales transactions.
Part 23. Other Resources
Plantmatch, LLC is not responsible for the availability of outside websites or resources linked to or referenced on the mobile application. Plantmatch, LLC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Plantmatch, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Part 24. Resolution of Disputes and Release
In the event a dispute arises between you and Plantmatch, LLC, please contact Plantmatch, LLC. Any dispute arising from or relating to the subject matter of this user agreement shall be finally settled by arbitration in Washington State, the United States of America, using the English language in accordance with the Arbitration Process for Washington State (https://www.atg.wa.gov/consumer-issues) then in effect. The prevailing party in any arbitration or other proceeding arising under this agreement shall be entitled to receive reimbursement only of subscription fees paid to Plantmatch, LLC via the mobile application. You and Plantmatch, LLC agree that any cause of action arising out of or related to the mobile application or this user agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more other Plantmatch mobile application users, you release Plantmatch, LLC (and Plantmatch, LLC's officers, creators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Plantmatch, LLC encourages users to report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
Part 25. Plantmatch, LLC’s Intellectual Property
Plantmatch, LLC graphics, logos, designs and service names are the intellectual property of Plantmatch, LLC in the United States and other countries. Plantmatch, LLC's intellectual property may not be used in connection with any product or service in any manner that is likely to cause confusion.
Part 26. Access and Interference
Much of the user-provided content on the Plantmatch mobile application is updated on a real-time basis. You agree that you will not engage in automated data collection from the mobile application for any purpose whatsoever. Additionally, you agree that you will not: a.) Take any action that imposes, or may impose, in Plantmatch, LLC's sole discretion, an unreasonable or disproportionately large load on the Plantmatch mobile application infrastructure; b.) Copy, reproduce, modify, create derivative works from, distribute or publicly display any user content (except for your own content); or c.) Interfere or attempt to interfere with the proper working of the mobile application or any activities conducted by Plantmatch, LLC.
Part 27. Breach
Part 28. No Warranty
Plantmatch, LLC provides the Plantmatch mobile application “as is” and without any warranty or condition, express, implied or statutory. Plantmatch, LLC specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose, and non-infringement. In addition, no advice or information (oral or written) obtained by you from Plantmatch, LLC shall create any warranty. You acknowledge that the entire risk arising out of the use of the mobile application remains with you to the maximum extent permitted by applicable law.
Part 29. Liability Limit and Indemnity
In no event shall Plantmatch, LLC be liable for any damages whatsoever, whether direct, indirect, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Plantmatch mobile application or Plantmatch, LLC’s services, or this agreement, including without limitation, financial loss, bodily injury, emotional distress, or any incidental or consequential damages. You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services provided via the mobile application is to request the termination of your account and discontinue use. If, notwithstanding the previous sections, Plantmatch, LLC is found by a court of competent jurisdiction to be liable, then to the maximum extent permitted by applicable law, Plantmatch, LLC’s liability to you or any other third parties is limited to $1 USD. You agree to indemnify and hold Plantmatch, LLC harmless from any claim or demand, including solicitor’s fees, made by any third party due to or arising out of your breach of this agreement.
Part 30. No Guarantee
Plantmatch, LLC does not guarantee continuous, uninterrupted access to the mobile application and operation of mobile application may be interfered with by numerous factors outside Plantmatch, LLC’s control.
Part 31. Service Continuation
Plantmatch, LLC reserves the right to modify or terminate the Plantmatch, LLC mobile application for any reason, without notice, at any time. Plantmatch, LLC reserves the right to alter this user agreement at any time.
Part 32. Notices
Any notices to Plantmatch, LLC shall be given by electronic mail to contactus@Plantmatch.co or, if from Plantmatch, LLC to you, to the e-mail address you provide to Plantmatch, LLC (either during the user registration process or when your e-mail address changes). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Plantmatch, LLC may give you notice by certified mail, postage prepaid and return receipt requested, if a mailing address has been provided to Plantmatch, LLC. In such case, notice shall be deemed given three days after the date of mailing. If Plantmatch, LLC makes a user agreement change, it will be published here. Plantmatch, LLC reserves the right to alter this user agreement at any time. Your continued use of the mobile application after such changes have been posted shall constitute your acceptance of such revised user agreement.
© 2019, Plantmatch, LLC, 1001 North Broadway, Suite A3, TTD-001, Everett, WA 98201, U.S.A.