Terms of Use

Welcome, and thank you for your interest in Plant-A Insights Group LLC (“Plant-A,” “we,” or “us”) and our website at https://plant-a.com/ with our other related websites and applications (collectively, the “Site”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

1. Plant-A Website Overview. Plant-A is a research, data, and analytics firm, and the Site offers information about our company, products, and services.
2. Modification of these Terms of Use and Site. We reserve the right to change these Terms of Use at any time. Modifications are effective immediately upon publication, and your continued use of the Site after any such modifications constitutes your acceptance of the modified Terms of Use. We will use reasonable efforts to notify you of material changes by posting a notice on the Site or by other means. Your continued access or use of the Site is your acceptance of the updated Terms of Use. Plant-A reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Plant-A will not be held responsible for any change to the Site or any suspension or termination of your access to or use of the Site.
3. Use of the Site. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any Materials (defined below); (b) make modifications to the Site or any Materials; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Plant-A a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any media. You represent and warrant that you have all rights necessary to grant this license and that the Feedback does not infringe any third-party rights. You acknowledge that Plant-A is under no obligation to use, respond to, or compensate you for any Feedback. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. The Site is intended for users who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old. If you are under 18, you may not use the Site.
4. Prohibited Conduct. You agree not to use the Site (i) for any illegal purpose or in violation of any local, state, national, or international law; (ii) to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; (iii) to interfere with security-related features of the Site; (iv) to interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site; (v) to use any automated means, including robots, crawlers, or scrapers, to access or collect data from the Site; (vi) to attempt to gain unauthorized access to the Site or any related systems or networks; or (vii) to transmit any viruses, malware, or other harmful code.
5. Ownership; Intellectual Proprietary Rights. The Site is owned and operated by Plant-A. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by Plant-A are protected by intellectual property and other laws. As between us, all Materials included in the Site are the property of Plant-A or its third-party licensors. Except as expressly authorized by Plant-A, you may not make use of the Materials. Plant-A reserves all rights to the Materials not granted expressly in these Terms of Use.
6. Third Party Sites. The Site may contain links to third-party websites or services that are not owned or controlled by Plant-A. Plant-A has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Plant-A shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.
7. Indemnity and Limitation of Liability. You agree to indemnify, defend, and hold harmless Plant-A, its officers, directors, employees, agents, suppliers, and third-party partners (“Plant-A Entities”) from and against all losses, expenses, damages, costs, and liabilities, including reasonable attorneys’ fees, resulting from or arising out of: (i) your material and willful violation of these Terms of Use; (ii) your violation of any law or regulation that directly relates to your use of the Site; (iii) your violation of any third party intellectual property rights through content you submit to the Site; (iv) any unlawful or tortious content or information you submit, post, or transmit through the Site; or (v) your use of the Site in a manner that violates applicable law or causes direct harm to a third party. Plant-A agrees to promptly notify you of any claim subject to indemnification and to provide reasonable cooperation in the defense of such claim. You shall have the right to control the defense and settlement of any such claim, provided that you may not enter into any settlement that imposes obligations on Plant-A without Plant-A’s prior written consent. EXCEPT WHERE PROHIBITED BY LAW, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PLANT-A ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PLANT-A ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. To the fullest extent permitted by law, the aggregate liability of the Plant-A Entities to you for all claims arising out of or relating to the use of or inability to use the site or otherwise under these Terms of Use, whether in contract, tort, or otherwise, is limited to an amount equivalent to the fees paid by you for the use of the Site during the six months preceding the event giving rise to the liability.
8. Governing Law. These Terms of Use are governed by the laws of the State of New York without regard to conflict of law principles. You and Plant-A agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York, for the resolution of any lawsuit or court proceeding permitted under these Terms of Use. You hereby waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.
9. Contact Information. The Site is offered by Plant-A, located at 99 Wall Street, Suite 1520, New York, NY 10005. You may contact us by sending correspondence to that address or by emailing us at customer-service@plant-a.com If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-200, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
10. General Terms. These Terms of Use, together with the Privacy Policy available at https://plant-a.com/privacy-policy/ and any other agreements expressly incorporated by reference into these Terms of Use, are the entire and exclusive understanding and agreement between you and Plant-A regarding your use of the Site. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to”. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Your use of the Site is subject to all additional terms, policies, rules or guidelines applicable to the Site or certain features of the Site that we may post or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Use.