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Terms of Service

Effective: January 18, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Known Plants, LLC, a South Carolina limited liability company ( "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.knownplants.com including mobile or localized versions and related domains / sub-domains (the "Platform").

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.knownplants.com/legal/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 16 years of age or older. By using this Platform, you represent and warrant that you are a human of legal age able to form a binding contract with the Company.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. We will provide reasonable notice prior to making any planned changes so you are aware of any changes.

Accessing the Platform and Account Security

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately at support@knownplants.com of any unauthorized access to or use of your user name or password or any other breach of security.

Payment, Refunds, Taxes, Cancellations

We seek your full satisfaction with our products and services, and offer a 30-day Money-Back Guarantee on our Outdoor Label product(s). If you wish to claim a refund, you can do so within 30 days following the purchase of your Outdoor Label product(s). Please reach out to us at: support@knownplants.com.

The Platform may include automatically recurring payments for periodic charges ("Subscription"). If you activate a Subscription, you authorize the Company to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date.

Access to the Platform is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or for unused months.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.

Any cancellation of your account will result in the deactivation or deletion of your account. Cancelled accounts cannot be recovered or restored.

Proprietary Rights; User Data

You own all right, title and interest in and to the User Data (as defined below) and subject to these Terms of Use, you grant to the Company a non-exclusive, worldwide, royalty-free right to use, copy, transmit, modify, create derivative works of and display the User Data solely to the extent necessary to provide the Platform to Customer.

"User Data" means any data, content or materials of any type that you post, submit, publish, display, upload or transmit to other users or other persons on or through the Platform. You are solely responsible for the accuracy, content and legality of all User Data.

Notwithstanding anything to the contrary, the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Platform and related systems and technologies.

Trademarks

The Company name, the terms, Company trademark, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which may harm the Company or users of the Platform.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform.
  • Except as permitted through our approved API's, use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose.
  • Use any manual process to monitor or copy any of the material on the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any violation of these Terms of Use.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 90 DAYS OUT OF WHICH LIABILITY AROSE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Cookie Policy, Data Processing Addendum, and the Privacy Notice to California Residents constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Your Comments and Concerns

This Platform is operated by Known Plants, LLC, a South Carolina limited liability company with mailing address at: PO Box 31132, Greenville, SC 29608.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@knownplants.com.