Our Company is a provider of plant care information. We have a website called Houseplant 411, which includes a houseplant guide and identifier, “Ask Judy” in which users can ask plant care questions and obtain responses; and iCheckPlant, which is a plant watering reminder service.
To access certain features of this Website, you will need to register and create an account. All information provided by you in your registration must be accurate and complete, including but not limited to maintaining accurate email addresses on file at all times.
Operation of the Website
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue. If you become aware of an error, bug, or other technical problem, please notify us immediately. We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software (“Viruses”), but we cannot guarantee that the Website will at all times be free from Viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website and to close the business at any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
We or our licensors as applicable retain ownership of all trademarks and copyrightable material on the Website, including but not limited to content (such as text, images, audio and video files), code, design features, and databases, unless otherwise indicated. You may not reproduce, display, publicly perform, copy, distribute, or otherwise use for any commercial purpose any portion of the Website without the express written permission of us or our licensors as appropriate. The use of any copyrightable material on any other website is prohibited. Any code that we create to generate or display any content on the pages of this Website is also protected by our copyright and you may not copy or adapt such code.
Copyright Infringement Complaints.
We respect the intellectual property rights of others. If you ever suspect that your creative works have been copied in any manner that constitutes copyright infringement, then please notify us immediately, providing the following information:
1. Identification of the Creative Work Involved. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed
2. Description of Infringed Right. A description of the intellectual property right that you claim has been infringed
3. Location of Infringing Item. A description of where the allegedly infringing item is located on the Website
4. Contact Information. Your address, telephone number, and email address
5. Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the copyright owner’s behalf, made under penalty of perjury.
Specific Prohibited Uses of the Website.
Our Website should only be used for lawful purposes by visitors who are seeking care information on houseplants. We specifically prohibit any other use of the Website, including but not limited to the following: (a) posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity; (b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (c) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website; (d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari; (e) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment; (f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (g) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website; (h) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; (i) stalking, harassing, or threatening any customer or visitor to this Website; or (j) collecting or storing personal information about any customer or visitor of this Website.
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at CustomerService@houseplant411.com
Doing Business with Third Parties Linked to Our Website. Your business dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
Affiliate Marketing Relationship. Third parties linked to our Website may have an affiliate marketing relationship with us in which we may receive a small referral fee for referring visitors who are interested in an affiliate’s products or services to the affiliate website. An affiliate relationship shall not be construed as endorsement of the affiliate’s products or services.
Consequential Damages/ Limitation of Liability.
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of Two Hundred Fifty Dollars ($250.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
Warranty Disclaimer: The use of this Website and the reliance on any information contained herein shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, only that any information will be accurate or complete to the best of our ability. We can make no warranties regarding the information or contents of any Third Party Websites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties. We likewise make no warranties that we will maintain the business or this Website for any period of time. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service while we are operating the Website and running the business.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.
You agree if you use this Website to indemnify, defend, and hold harmless Company, our respective licensors, affiliates, officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or any Third Party Sites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
Governing Law/ Dispute Resolution.
Eligibility to Use Our Website.
Attn: Judy Feldstein
Houseplant 411, LLC
PO Box 3810
Camp Verde, AZ 86322