Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. These Terms of Use define the terms by which you may use the Houseplant411.com website (“Website”), and are an agreement between you and Houseplant 411, LLC (“Company”)(the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any such modifications will apply immediately. You should check this page periodically to ensure you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of use. We may at any time amend the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.

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.
We may suspend or cancel your registration without notice if we have any reason to believe that you are not eligible to use this Website, or that the information you have provided is inaccurate, or that you have failed to comply with the Terms of Use, without limiting any other remedies to which we may be entitled.
If you register, you will be required to select a password. You should not disclose your password to any third party. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. We may suspend or cancel your registration at any time without prior warning if you fail to comply with our Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any illegal activity, we may report you to the appropriate law enforcement authorities.

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.

Intellectual Property.
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

Linking to Third Party Websites: Our Website may contain links to third party websites, which are not owned or maintained by us and over which we have no control (“Third Party Site(s)”). These links are provided for informational purposes only in order to assist you in identifying products and services that may be of interest to you and which you may want to research further. If you click on a link to a third party website, our Privacy Policy and Terms of Use will not longer be applicable. We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or any product or service that they offer.

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.

11. Indemnification.
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.

12. Miscellaneous.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any paragraph of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph shall be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The paragraph headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

Governing Law/ Dispute Resolution.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflicts of law principles. All disputes or controversies arising out of or in connection with this Agreement, its interpretation, performance, or termination, shall be submitted initially to informal dispute resolution, in which case one representative from each Party will meet at a neutral location within thirty (30) days of the commencement of the conflict in order to attempt in good faith to resolve the dispute. In the event that the Parties are unable to resolve such dispute within thirty (30) days following the first meeting of the Parties, then the dispute shall be submitted to non-binding mediation. The Parties shall share equally the costs of mediation. If the Parties are unable to resolve the dispute, either informally or by non-binding mediation, the Parties shall submit the dispute to binding arbitration in Camp Verde, Arizona under the Rules of Arbitration for the American Arbitration Association. The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by the Parties. Each Party shall bear its own costs and attorneys’ and witnesses’ fees. The arbitration award shall be final and each Party shall comply in good faith and submit itself to the jurisdiction of the appropriate state or federal courts for the sole purpose of the entry of such arbitrator’s award to render effective such arbitration decision. Notwithstanding the foregoing, judgment on the award by the arbitrator may be entered in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing Party shall be entitled to costs and reasonable attorneys’ fees.

Eligibility to Use Our Website.
You are only eligible to use our Website if you are an adult, who is at least eighteen (18) years of age, and if you are fully able and competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.

Contact Us.
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:

Attn: Judy Feldstein
Houseplant 411, LLC
PO Box 3810
Camp Verde, AZ 86322