Terms & Conditions
Last updated December 8th, 2022
Notice
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms tell you the rules for using our website https://www.plentific.com ("our site").
Our terms
Who we are and how to contact us
The Site is owned and operated by Plentific, Inc. (“Plentific”, "we", “our” or “us”).
We connect homebuyers, homeowners, and other individuals (“Customers”) and home professionals of all types (home professionals are referred to individually as a “Contractor" and collectively as "Contractors"). We help Customers discover properties, home projects, learn about project costs and select a Contractor based on characteristics that matter most to them, and we also help Contractors increase their online presence and showcase their work, and offer a way for Contractors to connect with Customers in need of services These services offered through the Site are collectively referred to as the “Service”. The Service includes The Site, the Plentific SaaS platform, software, and all other products and services provided by Plentific to residents of the United States. The Service is also referred to as the “Plentific Platform” and/or “Plentific Property”.
To contact us, please email info@plentific.com or write to us at 413 W 14th Street, Ground Floor & Suite 200, New York, NY 10014.
IF YOU DO NOT AGREE TO THESE TERMS
DO NOT USE THE PLENTIFIC PLATFORM
By using our Site you accept these Terms.
EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN A WRITTEN AGREEMENT DULY EXECUTED BY PLENTIFIC THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.
There are other terms that may apply to you
The Terms include all rules, disclosures, guidelines, directions, and terms published on the Site and in connection with the Service), including but not limited to:
Our Customer Terms and Conditions, which sets out how Customers may use the Service (the “Customer Terms”).
Our Contractor Terms and Conditions, which sets out how Contractors may use the Service (the “Contractor Terms”).
We may make changes to these Terms
We may amend these Terms from time to time, in our sole discretion. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the beginning of these Terms). Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended. If you do not agree to any amendment, you must not use our Site.
We may make changes to our Site or Service
We may update and/or change the Service from time to time, our users' needs and our business priorities. We reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
Notices
The Site may provide notices to you including, without limitation, notices of changes to these Terms or other matters by displaying such notices on the home page of the Site, on this page and/or through electronic messages to addresses you have provided or through your account in Plentific. You agree that it is your responsibility to review all such notices to be aware of updates and changes, and for the purpose of responding to any termination or claim notices.
No guarantees
We make no representations or warranty that the Service or content on our Site will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Service, or the servers used in connection with the servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, or other harmful components. We do not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that we will have adequate capacity for the Service as a whole or in any specific geographic area. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Responsibility for users you engage with
You are responsible for all persons who access our Site through your internet connection. In particular, you are responsible for ensuring that they are aware of these Terms and any other applicable terms and conditions, and that they comply with them.
You acknowledge that the Service is a platform for interaction between users of the Service, and you agree to adhere to the Terms as governing their relationship with other users with respect to the Service.
You also acknowledge and agree that all aspects of any interaction between users, within or outside of the Site, and with respect to customer/contractor agreements are outside of the control of Plentific, and that Plentific has no responsibility for same.
Users take sole and absolute responsibility for their use of the Service and interactions with other Users
Our Site is only for users in the United States
Our Site is directed to people residing in the United States but we do not represent that content available on or through our Site is appropriate for any particular locations outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@plentific.com.
How you may use material on our Site
We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. This Site and its contents are protected by copyright laws, treaties, and other intellectual property rights around the world. All such rights are reserved.
You may print one copy, and may download excerpts extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The limited rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, or host, whether in whole or in part, any content displayed on this Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of this Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Excluding any User Content (as define below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in this Site or the Service are owned by us, or licensors, or our suppliers. Neither these Terms, nor your access to this Site or the use of the Service, transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited rights expressly set forth herein. We and our licensors and suppliers reserve all rights not expressly granted in these Terms. Except as set forth in these Terms, nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance. There are no implied licenses granted under these Terms.
Our trademark
PLENTIFIC is a trademark protected by the laws of the United Kingdom and the United States. You are not permitted to use PLENTIFIC or any of our trademarks without our approval, unless it is part of material you are using as permitted under our press section. We may withdraw our approval at any time, in our sole discretion.
Do not rely on information on this Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. We are not responsible for any User Content or any information provided by a Contractor on our Site or in connection with the Service.
Without limiting the foregoing, occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Site at any time without prior notice.
We are not responsible for website links
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or the information you may obtain from the websites. We have no control over the contents of those websites or resources.
Uploading content to our Site
All content submitted to our Site by you (or on your behalf), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "User Content" for short.
Whenever you make use of a feature that allows you to upload User Content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in these Terms.
You represent and warrant that any such contribution of User Content complies with those standards, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content that you upload to our Site will be considered non-confidential and non-proprietary. You represent and warrant that you are authorized to control the confidential status of any User Content and affirm that publication of such User Content would not be damaging to you or any third party.
You retain all of your ownership rights in your User Content, subject to the rights granted to us in the license below.
We have the right, but not the obligation, to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in these Terms.
You are solely responsible for securing and backing up your User Content.
User Content is not approved by us
This Site may include User Content uploaded by users of our Site, including uploads to bulletin boards and chat rooms. The User Content not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. Each user of this Site is solely responsible for their own User Content. You acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are not obligated to become involved in such dispute.
If you wish to complain about information and materials uploaded by other users on our Site, please contact us at info@plentific.com.
Age requirements
The Site is not intended or designed to attract children under the age of 18. You affirm that you are at least 18 years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation or spam.
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.
Rights, permissions and waivers
You hereby grant to us, and our affiliates, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license (including full rights to sub-license) to use, reproduce, distribute, publicly display, perform, and publish your User Content (including, without limitation, the right to adapt, alter, amend, change, combine with other works, or prepare derivative works based upon, your User Content) in any media or format (whether known now or invented in the future) throughout the world without restriction.
You represent and warrant to us that all User Content you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your User Content to enable you to grant the rights and permissions granted to us in these Terms.
Where your User Content contains images of people or names or identifies individuals, you represent and warrant to us as follows:
that all featured or identified individuals are over the age of 18 and have expressly consented to their appearance in the User Content and to you submitting the User Content to our Site, and
where featured or identified individuals are under the age of 18, that you either:
are the parent or legal guardian or such featured or identified individuals, or
have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the User Content and to you submitting the User Content to our Site.
You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world.
If you provide us with any feedback or suggestions regarding our Site or the Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We may treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Acceptable use and content standards
These content standards apply to any and all User Content that you contribute to our Site and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of all User Content.
User Content must:
Be accurate (where they state facts).
Be genuinely held, where they state opinions (for example, Contractor reviews).
Comply with applicable law in the United States and in any country from which they are posted.
User Content must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trademark, or other intellectual property right of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that the information emanates from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Upload any User Content which could be deemed to be unsolicited or unauthorized advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise).
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the above acceptable use terms constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable costs and attorneys’ fees) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
You agree that we shall not be liable for actions taken in response to breaches of the above acceptable use terms. The responses described above are not limited, and we may take any other action we deem appropriate. You understand that any termination of your right to use the Site may involve permanent deletion of your User Content. We will not have any liability whatsoever to you for any termination of your rights under these Terms or deletion of your User Content.
Additional remedies
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Ratings and reviews
The ratings and reviews on our Site do not reflect or represent our opinions or representations. We do not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of our Site or the materials contained therein.
Users of our Site may not include any material that may point others to another company, location or entity both online and offline that provides similar services to Plentific. Plentific reserves the right to remove or withhold any such material at any time.
Upon giving a review or rating, you are confirming that the information you are providing is both truthful and precise. You will also be affirming that your review is not slanderous, adheres to these Terms, and is ultimately subject to our discretion of how or if we permit such information to be kept on our Site. When you post a review you will also be acknowledging that the material you are sharing is completely your own and not in the likeness of anyone else. You cannot use the words or name of another person unless permitted to do so.
By leaving a review or rating, you are consenting to our use of the material you have provided in any manner that we may require. We also cannot guarantee that we will post your review once it has been submitted to us. Moreover, we reserve the right (but have no obligation) to remove reviews and ratings in our sole discretion without warning or explanation.
Contractors may receive a review or rating from a Customer after a job has been booked or completed through our Site. We do not permit reviews or ratings from employees of the Contractor or any individuals that work in tandem with them. We also do not allow any reviews or ratings of the Contractor to be posted by their competitors.
Your Plentific account
By making an application to use the Service as a Customer or as a Contractor, you agree and confirm:
all the information you have provided is accurate and correct and you are the person whose details you have provided;
you can enter into a legally binding agreement with us;
you will only use the Service for the purposes as envisaged by these Terms and the Customer Terms or Contractor Terms, as applicable;
you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;
in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;
in the case of a corporation, limited liability company, partnership, or other entity, you are duly authorized to act on its behalf; and
you authorize us, at any time, to use any means that we consider necessary to verify your identity with any third party providers of information. Please refer to the Privacy Policy for details of steps we may undertake to do this.
You must provide us with all information requested during the application process and comply with all our identification and anti-money laundering requirements (as applicable) to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to the Service.
We reserve the right, in our sole discretion, to refuse to register you as a user of the Service for any reason.
When you register with us to use the Service you will be given a Plentific account (“Plentific Account”) and asked to setup a password. If you submit a request for a job without registering with us, we will automatically create a Plentific Account for you with a randomly generated password which you will then have the option to amend via our Site. You agree to keep any such password and Plentific Account details strictly confidential, and you must not disclose them to any third party. Any failure to do so shall be at your sole risk and expense.
You agree that we are entitled to assume that all correspondence, orders, transfers and instructions made by reference to your password and account number are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your Plentific Account information or password has been compromised or are being misused.
We have the right to disable any Plentific Account or password at any time in our sole discretion.
Our Privacy Policy contains details of how we may use the personal information you provide to us. You should read the Privacy Policy carefully before completing your registration or application. By continuing to use our Site and the Service you consent to such use of your personal information.
Modifications to the Site and Access Changes
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your account and/or your access the Site, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate.
Fees
We do not charge you for looking at, or browsing on, our Site. You are responsible for paying all costs related to the transmission of data required to use the Site (downloading, installing, launching, and using), if any. We shall not be liable for any fees charged by third parties.
If you are a Contractor, various fees may be due and payable to us for our role in providing and administering the Service. Details of such fees can be found in the Contractor Terms.
We may waive or offer discounts on any of our fees to any person at any time in our sole and absolute discretion, taking into account any applicable legal obligations at all times.
We may change any of our fee rates from time to time at our sole discretion. We will give you at least 30 days' notice of any change in our fees in accordance with clause 3.9 of the Contractor Terms. Any such changes in fees will only affect provisions of services to Customers made on and after the date on which the change is stated to take effect.
All fees are exclusive of any applicable value added tax or other taxes, for which the person paying the relevant fee shall be liable.
Security
While we provide reasonable precautions to protect your information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
We do not guarantee that our Site will be secure or free from viruses, worms, trojans, time bombs, drop dead devices, or other harmful components.
You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
You must not use our Site to knowingly introducing viruses, worms, trojans, time bombs, drop dead devices, other harmful components or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. We will report any breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them, if we deem such action is necessary or appropriate. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with all applicable laws and regulations, and the content standards set out in these Terms.
Disclaimers
We make no warranty concerning the Service and/or content or User Content, including, without limitation, with respect to any delay, failure, interruption, or corruption of any data, or any other information transmitted in connection with the use of the Service.
THIS SITE AND THE SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SITE AND THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE, OR THE SHORTEST PERIOD REQUIRED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANY, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, ADMINISTRATORS, AGENTS, PARTICIPANTS, ATTORNEYS, EMPLOYEES, EXECUTORS, HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR OTHER REPRESENTATIVES, AND EACH PERSON ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PARTIES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THIS SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS AND THIS SITE AND THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Plentific and our affiliates, subsidiaries or parent company, and any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, and other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: your failure to comply with these Terms; your breach of your obligations under these Terms; your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; your violation of any law or the rights of a third party; any dispute or issue between you and any third party; and your negligence, gross negligence, willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
Governing law and jurisdiction
These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree the state and federal courts sitting in New York County, New York, shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and the parties waive any objection based on venue or inconvenient forum.
California specific disclosure
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Copyright Claims; Digital Millennium Copyright Act
We are under no obligation to, and do not, scan content used in connection with the Site, nor do we monitor the conduct of members, for the use or inclusion of illegal or impermissible content.
However, we respect the copyright and intellectual property interests of others and follow the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512 procedure for addressing claims of infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
DMCA Agent, at info@plentific.com, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent, at Plentific at 413 W 14th Street, Ground Floor & Suite 200, New York, NY 10014.
Electronic communications
By using the Service, you consent to receive electronic transactional communications from us unless you provide us with notice that you require paper communications by contacting us through one of the means set forth at the beginning of these Terms. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. The foregoing does not affect your non-waivable rights.
Third-Party Resources and User Generated Information
We may provide links to third party websites and resources, and may provide access or expose you to content at such websites or part of such resources including but not limited to interactive platform content, social media, user conduct and user generated information (“Third Party Resources”).
Unless otherwise stated expressly, when Third Party Resources are provided, it is for general interest purposes only. We are not endorsing the Third Party Resource or giving an opinion on the Third Party Resource. We do not regularly review Third Party Resources and it is possible the Third Party Resource has changed or is no longer available, is of no interest to you, or may cause damage (such as with a computer virus).
When you choose to engage with a Third Party Resource, such as to publish or share information through Third Party Resources, we may have no or limited control over that activity depending on the Third Party Resource (e.g., if you share to our Twitter account, you are posting to Twitter also, a company we have no control over). You should assume that your activity may be accessed by any person using the Internet in any part of the world and can be found using independent search engines.
If you choose to engage with any Third Party Resource, you acknowledge that it is at your own risk. Without limitation, You are responsible for compliance with all terms and policies of Third Party Resources, including Third Party Resources that are hosting Plentific accounts or those engaged to fulfill requests by you.
You acknowledge that, unless otherwise expressly stated, Plentific does not control the Third Party Resources and You agree that Plentific shall not be liable for any interaction with a Third Party Resource.
Miscellaneous
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms.
