EFFECTIVE DATE: 8/23/2019 – LAST UPDATED: 9/17/2024
Plant People, Inc. (“Plant People,” “we,” “us,” or “our”) welcomes you. We’re excited to have you with us and that you’ve decided to access and use our online services (the “Services”), which are made available to you through our website located at www.plantpeople.co (the “Website”).
We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services. We may change the terms and conditions of these Terms of Use from time to time, provided, however, if we make any material changes, we will notify you by email (sent to the email address specified in your account) prior to the changes becoming effective.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
THE SECTIONS BELOW TITLED “ARBITRATION AGREEMENT” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. No Medical Advice
You acknowledge and agree that Plant People, Inc. does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Plant People, Inc. does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
2. Description and use of services
Through the Services, we offer dietary supplements for sale (“Products”) that we deliver to you in packaged boxes on a single purchase basis (“Purchase”) or a subscription basis (“Subscription”). We provide Visitors and Customers with access to the Website and the Services as described below. Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us, and (iii) chat with us via our website. Customers. Purchase or Subscription is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information and use the Services. Plant People, Inc. is under no obligation to accept any individual as a Customer and may accept or reject any registration in its sole and complete discretion.
3. Use of Your Personal Information; Your Content
Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at https://plantpeople.co/privacy-policy/), which is hereby incorporated by reference in its entirety.
Additionally, any content that you email, post, or otherwise transmit to the Services, including reviews, comments, feedback, suggestions, and other content will be publicly known as your “Contributions.” We do not own your Contributions. By posting Contributions, you represent (i) that you are the owner of those Contributions or have all of the necessary rights to share it, and (ii) give Plant People permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Contributions otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world in perpetuity. This includes the right to incorporate any suggestions contained in your Contributions into future products or services, and you agree that we have no responsibility to you for compensation or reimbursement of any kind, under any circumstances, for submission or use of such suggestions or other Contributions.
You agree that you will not submit any Contribution which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Services an uncomfortable experience for anyone;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- uses or possesses programs to “crack” the Services or other Internet security tools, or contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Services; or
- anything else that we, in our sole determination, deem offensive or harmful to the Services or to our integrity or business.
4. Product Descriptions and Availability
(a) Product Descriptions.
Our Website contains descriptions of dietary supplements. We attempt to be as accurate as possible with the descriptions of the supplements that are made available to you through the Services (collectively, the “Products”). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.
(b) Shipping.
US:
Our packages are shipped via USPS First Class, USPS Priority Mail, UPS Ground, UPS Next Day Air and UPS 2nd Day Air. Packages are delivered between 2-10 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of the Plant People team.
Products containing less than 0.3% THC are legal in the United States.
Free USPS ground shipping is available on all orders $65+. All subscription orders receive free shipping.
UK & International:
Packages shipped to the EU will be sent via UPS and should be expected to arrive within 5-12 days.
Products containing less than 0.2% THC are legal in the EU. Any product with THC levels exceeding 0.2% will not be shipped to the EU.
Plant People is not responsible for coving the cost of any international duties placed on shipment.
(c) Refunds, Return Policy and Procedures
Refunds: We’re sure you’re going to love using Plant People products, but if you’re not happy for any reason within 30 days of purchase, simply send us an email to support@plantpeople.co.
Returns: Plant People offers free returns on all products purchased at www.PlantPeople.co (no other websites or stores) within 30 days of purchase. Products must be returned unused, unopened and in perfect condition.. If possible, please include the original order packing slip in your return package as well as any original packaging.
Plant People does not accept any international returns (outside of the United State of America).
We reserve the right to refuse returns that do not meet the above criteria. If your return is accepted, your refund will be processed within 14 business days and applied to the original method of payment.
By signing up for a subscription, you agree that your account will be subject to this automatic renewal feature, unless you cancel your subscription a minimum of 3 days before your upcoming renewal commencement date. If order is not cancelled greater than 3 days in advance of the renewal date, that orders is not eligible for a refund.
5. Registration
To create an account and/or make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.
In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account.
You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non infringement, and we are not responsible for any SNS Content.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.
6. Subscription Process, Renewal and Cancellation
If you purchase a subscription to Plant People through our Site, you will receive a shipment containing a recurring supply of dietary supplements based on the delivery interval you have selected.
Your subscription will continue on a recurring basis at the selected delivery interval until you choose to cancel. There is no subscription fee associated with your subscription. You will only be charged for the price of the product and the cost of shipping and handling (if any). After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least 3 business days prior to the Renewal Commencement Date by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. To cancel your subscription, please ensure that you login to your Plant People account and do so at least 72 business hours before your subscription’s renewal date. If your cancellation request is not received within this timeframe, your subscription will be automatically renewed and you will need to wait to cancel your subscription until the next possible date. Please contact us at support@plantpeople.co if you require further assistance.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
7. Billing, Payments, Gift Cards and Discounts/Promotions
We accept the following bank or credit cards: Visa, MasterCard, and American Express. For your convenience, we will save your bank or credit card informatio
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
Sales originating in the United States will be governed by US Law and sales originated in the UK will be governed by the laws of the United Kingdom.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at support@plantpeople.co. Refunds will be issued by us in our sole discretion.
Digital gift cards are only redeemable if they are purchased through our Site, plantpeople.co. We are not responsible for gift cards purchased through an unauthorized reseller. We reserve the right to refuse and/or cancel gift card and/or orders suspected of fraud or for other violations of our policy. Promotional discounts will not apply to gift card purchases.
Any discounts or promotions cannot be retroactively applied to past orders. Promotional coupons are one use per customer and cannot be combined with other promotional codes. Discounts and promotions do not apply to subscriptions or orders below $40. Valid for USA domestic customers only.
8. Disclaimers
WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Communications To Us
Although we encourage you to e-mail us, we do not want you to, and you should not e-mail us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
10. No Warranties/Limitation of Liability
THE WEBSITE, THE PRODUCTS, THE CONTENT, THE CUSTOMER CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
11. External Sites
The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. Minors
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent (see our Privacy Policy.)
13. Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
14. Compliance With Applicable Laws
The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
15. Termination Of The Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
16. Digital Millennium Copyright Act
Plant People, Inc. respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Plant People, Inc.
49 Elizabeth Street, 3rd Floor
NY NY 10013
If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
17. Arbitration Agreement
In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Plant People, Inc. from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Plant People, Inc. proprietary interests.
18. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. Referral Program
These Referral Program Terms (“Program Terms”) apply to the referral program (the “Program”) offered by Plant People, Inc. (“Plant People”) and set forth the legally binding terms and conditions for participation in the Program. Please read these Program Terms carefully before participating in the Program. By participating in the Program, you (“you”) agree to be bound by these Program Terms. The Program is subject to the Plant People’s Terms of Service and Privacy Policy which are incorporated herein by reference. Except as otherwise defined herein, all capitalized terms used herein have the respective meanings given to them in the Terms of Service and/or Privacy Policy, as applicable.
In order to be eligible for the Program, you must have an active Plant People account in good standing. To participate, refer friends who have not previously purchased any products from Plant People (“Friends”) by sending them your personal referral link provided to you by Plant People (“Referral Link”). You may share your Referral Link via email, social media and other tools Plant People may provide. For each Friend who signs up for an Account through your Referral Link and purchases an order of $50+ through the Services (an “Eligible Subscription”), we will post to your Account and each applicable Friend's Account (in each case, generally within one or two days) a $10 credit, which can be applied to your next order and each applicable Friend's next paid order (for the avoidance of doubt, excluding any trial orders) (each, a “Plant People Credit”), provided that a Plant People Credit must be used within one (1) year from the date of issue or it will expire. The amount of Plant People Credits applied to one (1) transaction cannot exceed the total order amount. Please note that in order for you to receive a Plant People Credit for referring a Friend and in order for a Friend to receive a Plant People Credit for signing up for an Account and making an Eligible Subscription through your Referral Link, your Friend must accept, and not delete, any relevant cookies provided in connection with the Program prior to signing up for an Account and making an Eligible Subscription, otherwise the Referral Link will not be recognized and the Plant People Credit will not be applied to your or your Friend's Account.
Prior to providing Plant People with any information about any Friend, you agree to (i) inform the Friend about the nature and purpose of the Program and explain that Plant People may contact the Friend and (ii) obtain such Friend’s consent to be contacted by Plant People and to participate in the Program.
This offer is made to you and your Friends, and applies solely to your personal referrals. Plant People Credits are not redeemable for cash and are nontransferable and not refundable (e.g., if an order is refunded, any portion of such order paid for using Plant People Credits will not be refunded). Your Plant People Credits will not be granted, and may be revoked or deemed ineligible for redemption, if your shave plan subscription is cancelled before your Friend signs up for an Eligible Subscription.
Plant People expressly reserves the right to disqualify any referrals it believes in its sole discretion are generated by scripts, macros or other automated or fraudulent means (e.g., using fake accounts) or violation of these Program Terms and to take action and seek damages to the fullest extent permitted by law against any user it finds to be tampering with the operation of the Program or otherwise acting in violation of these Program Terms, which may include, without limitation, terminating a user’s Account or participation in the Program, delaying or cancelling the rewarding of Plant People Credits, or revoking or refusing to honor outstanding Plant People Credits. In all matters relating to the administration of the Program, the decisions of Plant People will be final.
Plant People may modify, update or discontinue the Program, in whole or in part, with or without notice, and will not be liable to you or your Friends in the event of any modification, suspension or discontinuance of the Program.
DISCLAIMER OF WARRANTIES
PROGRAM PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM IS PROVIDED “AS IS”, AND PLANT PEOPLE MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, ABOUT THE PROGRAM AND THE PRODUCTS OR SERVICES OBTAINED THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE.
LIMITATION OF LIABILITY; RELEASE
TO THE FULLEST EXTENT PERMITTED BY LAW, PLANT PEOPLE, AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR FRIENDS FOR, AND YOU HEREBY RELEASE PLANT PEOPLE AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE PROGRAM, THESE PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PLANT PEOPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLANT PEOPLE, OR ANY OF ITS AFFILIATE’S, VENDOR’S OR SERVICE PROVIDER’S, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM EXCEED $50.
These Program Terms, together with the Terms of Service, Privacy Policy, and other policies and guidelines provided by Plant People, set forth the entire agreement, and supersede any and all prior agreements, of the parties with respect to the subject matter hereof. In the event of a dispute about the party making a redemption or earning a Plant People Credit, all redemptions and referrals will be deemed to have been made by the owner of the e-mail account that is associated with the Account used to make the purchase or referral associated with the offer's redemption, respectively. Plant People is not responsible for communication errors or other matters beyond Plant People reasonable control, including, without limitation, any failures to award Plant People Credits due to technical issues. Plant People failure to enforce any term of these Program Terms will not constitute a waiver of that provision. These Program Terms are governed by and interpreted in accordance with the laws of the State of New York, notwithstanding any conflicts of law. If any provision of these Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Program Terms otherwise remain in full force and effect and enforceable.
20. Trial Subscriptions
Any trial programs offered on plantpeople.co are trial subscriptions. This includes the "Drops+ Sleep 4 Night Trial". The user will pay an agreed upon amount for a trial-sized amount of the product. Recurring subscription will begin 14 days after initial purchase for the full-sized amount and price of the product. This subscription can be paused, changed, or cancelled at any time by accessing the account page for the user's account, or by reaching out to our Member Care team. User must reach out to Member Care team at least 48 business hours prior to subscription fulfillment to avoid possible charge.
21. Miscellaneous
This Agreement is governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Subscription Process, Renewal and Cancellation,” “Billing and Payments,” “Disclaimers,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Arbitration Agreement,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
22. Contact Information
Questions about the Terms of Service should be sent to us at support@plantpeople.co or 855.422.0990
Plant People, Inc.
49 Elizabeth Street, 3rd Floor
NY NY 10013
Copyright 2019 Plant People, Inc. All rights reserved.
23. SMS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Plant People including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Plant People reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Plant People also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Plant People, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to Plant People’s Terms of Use and Plant People’s Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Help
Text the keyword HELP to our number to return customer care contact information.
Customer Care
If you are experiencing any problems please email us at: support@plantpeople.co or call us at +18554220990.
Contact
This message program is a service of Plant People, located at PBC. 801 Rutherford Place, Austin, TX 78704
Dispute Resolution
General
In the interest of resolving disputes between you and Plant People in the most expedient and cost-effective manner, you and Plant People agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Plant People or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Plant People or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Plant People ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Plant People to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator
Any arbitration between you and Plant People will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Plant People. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process
If you or Plant People intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Plant People address for Notice is: PBC. 801 Rutherford Place, Austin, TX 78704 Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Plant People will make good faith efforts to resolve the claim directly, but if you and Plant People do not reach an agreement to do so within 30 days after the Notice is received, you or Plant People may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Plant People must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees
If you commence arbitration in accordance with these Messaging Terms, Plant People will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Plant People for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Plant People agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Plant People made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND Plant People AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Plant People agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if Plant People makes any future change to this arbitration provision, other than a change to Plant People address for Notice, you may reject the change by sending us written notice within 30 days of the change to Plant People address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Plant People.
Enforceability
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
