Leaf’Em, Inc. Terms of Service
These Terms of Service were last updated on August 23, 2023.
1.1 Terms of Service. These Terms of Service (the “Terms of Service,” “Terms,” or “Agreement”) govern your use of our website at www.leafemapp.com (the “Website”), software applications, social media channels, content, resources, plant care services, and any other services or products we may offer from time to time (individually and collectively each, the “Platform” or “Platforms”) operated by Leaf’Em, Inc., a Texas corporation, and its parent, subsidiaries, and affiliated companies (collectively, “Leaf’Em,” “we,” “us,” or “our”). Further, these Terms apply to all visitors to any of our Platforms, and persons who sign up as a plant care service provider or a plant owner. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND LEAF’EM.
IMPORTANT: PLEASE REVIEW THE ARBITRATION CLAUSE SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LEAF’EM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- LEAF’EM PLATFORMS
2.1 Leaf’Em Platforms. Our Platforms consists of a Website, mobile software applications, social media channels, content, resources, plant care services, and any other services or products and other related tools, support and services that plant owners (“Plant Parent” or “Plant Parents”) and plant care service providers (“Plant Sitter” or “Plant Sitters”) can use to find, communicate, interact and enter into transactions with each other. Please be aware that we may charge fees for some aspects of the Leaf’Em Platforms, as described below in Section 10.
2.2 Leaf’Em Does Not Provide Plant Care Services. Leaf’Em has created a virtual venue platform for Plant Parents and Plant Sitters to interact. Leaf’Em is not a Plant Sitter, and except for emergency support and other resources and support specifically described herein, it does not provide plant care services. We make no representations or warranties about the quality of plant care services, including without limitation, trimming and pruning, repotting, harvesting, watering, misting, fertilizing, and pest control, provided by Plant Sitters (“Plant Care Services”), or about your interactions and dealings with one another. Plant Sitters listed on Leaf’Em are independent contractors. Plant Sitters are not under the direction or control of Leaf’Em, and Plant Sitters determine, in their own discretion, how to provide Plant Care Services. Though we may provide general guidance to Plant Sitters about safety and plant care, and to Plant Parents about selecting and engaging Plant Sitters, Leaf’Em does not employ, recommend, or endorse Plant Sitters or Plant Parents, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance, actions, or conduct of Plant Sitters or Plant Parents, whether online or offline our Platforms. We conduct an initial review of each Plant Sitter’s proposed profile and we facilitate Background Checks, as defined in Section 3.3, on Plant Sitters conducted by a third-party service, but, except where explicitly specified herein (and then only to the extent specified), we do not otherwise screen Plant Sitters or Plant Parents. As a Plant Parent or Plant Sitter, you should exercise caution and use your independent judgment before interacting with one another via our Platforms. Plant Parents and Plant Sitters are solely responsible for making decisions that are in the best interests of themselves, their plants, and their property.
2.3 Release. Subject to Section 13 below, Leaf’Em has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Plant Sitters and Plant Parents, whether online or offline our Platforms. You acknowledge and agree that, to the maximum extent permitted by applicable law, YOUR USE AND/OR PROVISION OF PLANT CARE SERVICES, WHETHER IT BE PROVIDING OR RECEIVING, IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Arrangements and Transactions are between Plant Parent and Plant Sitter. Our Platforms may be used to find and/or offer Plant Care Services and to facilitate payment between parties, but all arrangements and transactions conducted via our Platforms are between the Plant Parent and Plant Sitter. Except for the limited refunds and reservation protection as specified in Section 10.4, you agree, acknowledge, and understand that Leaf’Em has no liability for any damages associated with the Plant Care Services (which may include damage to or destruction of your plant(s), plant pot(s), plant beds, gardens, or your property) or resulting from any other transactions between users of our Platforms.
2.5 Appointments. Plant Parents and Plant Sitters transact with each other on our Platforms when they both agree to an “appointment” that specifies the fees, date, time period, and other terms for provision of Plant Care Services via the appointment mechanism provided on our Platforms (an “Appointment”). An Appointment may be initiated by a Plant Parent by selecting the type(s) of Plant Care Service(s) to be provided and then following the prompts that appear on-screen. If you are a Plant Parent and you request an Appointment, once an Appointment request is accepted by the Plant Sitter, you agree to honor and pay the price for the Plant Care Service(s) and any other fees associated with the Appointment. All requests are subject to acceptance by the Plant Sitter. A Plant Sitter is not obligated to accept your (or any) request and may, in their sole discretion, decline for any reason.
2.6 Plant Parent’s Responsibility. Plant Parents are solely responsible for evaluating the suitability of Plant Sitters for the Plant Care Services they offer to provide. Though we facilitate a Background Check by a third-party service on each individual who applies to be a Plant Sitter, review each Plant Sitter’s application, and monitor each Plant Sitter’s profile, our initial screening system is limited in scope, and Leaf’Em does not warrant that any such screen is accurate, complete, conclusive, or up-to-date. Similarly, Leaf’Em does not endorse reviews of Plant Sitters by other Plant Parents that may be available via our Platforms, and Leaf’Em makes no commitments that such reviews are accurate or legitimate.
2.7 Emergencies. A Plant Parent, in their sole discretion, may give a Plant Sitter their contact information where they can be reached in the event there is an emergency. Plant Sitters agree to immediately contact Plant Parents in the event of an emergency or, if the Plant Parent is not available, to contact Leaf’Em through our “Contact Support” mechanism provided on our Platforms or by email at [email protected]. In certain circumstances, a Plant Parent may be eligible for reimbursement as determined in Leaf’Em’s sole discretion. Given the Release and Limitation of Liability provisions found herein, Leaf’Em highly recommends that all users have general liability insurance to cover the costs of any claims, injuries, loss, harm, damage or destruction arising from or in any way related to your interactions or dealings with others users on our Platforms.
- ACCOUNT SIGN-UP
3.1 Registration and Account Security. In order to use certain aspects of our Platforms, you will be required to create an account. If you elect to create an account, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Leaf’Em suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your login information when using our Platforms and you are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
3.2 Plant Sitter Account Sign–Up. To become a Plant Sitter, you have to go through our account sign-up process. Our account sign up process may require you to provide your full name, date of birth, zip code, home address, work address, email address, phone number, social security or social insurance number, and/or other identifying information. Once you submit your application, you should hear back from Leaf’Em within thirty (30) business days via email if your account is approved. Once you pass your Background Check and your account is approved, your profile will be visible on our Platforms and Plant Parents will be able to contact you for an Appointment.
3.3 Background Checks. Leaf’Em may provide Plant Sitters with access to third-party consumer reporting agencies that perform, among other things, personal identification verification services or criminal record checks, sex offender registry checks, motor vehicle record checks and/or identification verifications (collectively, “Background Checks”). We do not independently verify information in the Background Checks, and we do not provide, and are not responsible or liable in any manner for, the Background Checks. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness, or completeness of any information in the Background Checks.
3.4 Termination of Your Account. You may delete your account at any time by contacting us and requesting termination at [email protected]. You agree that your account is not deleted unless and until you have received email verification from Leaf’Em confirming the termination of your account.
4.1 Exclusivity of Your Account. Some features of our Platforms may require you to create an account, and to receive confirmation from Leaf’Em before you can use particular features. While you may view, access, and/or use some of the functionality of any Platform without registration, specific tools and services on the Platforms require registration and your submission of certain information. You agree that you will not create more than one account or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of any Platform, you agree to provide accurate, current, and complete information when and as required for accessing and/or using any of our Platforms. If you provide any information that is untrue, inaccurate, not current, incomplete, or misleading, or if Leaf’Em has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or misleading, Leaf’Em reserves the right to terminate your account and suspend your use of any Platform.
4.2 Confidentiality of Your Account. You shall at all times remain responsible for maintaining the confidentiality of your account, including without limitation, your login information and any other related security information. Leaf’Em will not be liable for any loss that you incur as a result of someone else accessing or using your account, either with or without your knowledge.
- USE AND RESTRICTIONS
5.1 Your Use of Our Platforms. The Platforms may be accessed and used only by individuals who are eighteen (18) years of age or older, and who are not barred from using any Platform under applicable laws. You may access and use any Platform only in accordance with these Terms of Service and all applicable laws and regulations. You acknowledge and agree that Leaf’Em, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of any of our Platforms. You acknowledge and agree that upon termination of your account by Leaf’Em, you may lose any and all information, records, and/or documentation associated with your account.
5.2 Use of Our Platforms Outside of the United States. Leaf’Em makes no representation that the Platforms, the content of the Platforms, or the services available through any Platform will be accessible to users outside of the United States, or in all locations within the United States. If you access any of our Platforms from outside the United States in violation of these Terms, you do so on your own initiative, and are responsible for compliance with all applicable laws, including all privacy laws, in the jurisdiction from which you view, access, and/or use any of our Platform.
5.3 Storage of Your Information. Leaf’Em, and its Platforms, are based in the United States and, regardless of where you view, access, or use any Platform, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using any Platform. By accessing and/or using any Platform, you consent to the capture, collection, transfer, transmission, storage, processing, and use of your information in and to the United States.
- PROHIBITED CONDUCT
You agree not to use any of our Platforms in any manner that does or constitutes any of the following:
- Impairs, modifies, limits, prohibits, interferes with, disrupts, damages, or breaches the functionality of, access to, or use of any Platform, services connected to any Platform, or any systems, databases, or networks that support any Platform.
- Violates or circumvents the security or security features or functionality of any Platform.
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
- Links to materials or other content to which you do not have a right to link.
- Violates confidentiality when communications are meant to be confidential.
- Copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying any Platform, or any portion thereof.
- Consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Consists of the use of the Leaf’Em Platforms to arrange for the provisions and purchase of Plant Care Services with another user, then complete the transactions for those Plant Care Services outside of the Leaf’Em Platform.
- Consists of the use of the Leaf’Em Platforms for purposes of competing with Leaf’Em or to promote other products or services.
- Is false, inaccurate, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexually oriented, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, as determined by Leaf’Em in our sole discretion.
- Accesses, or attempts to access data, information, accounts, servers, software, hardware, files, or equipment which you are not authorized to access.
- Violates, or encourages another party to violate, any applicable law, regulation, or order.
- USER CONTRIBUTIONS
7.1 User Content. The Platforms may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, testimonials, or other interactive features that allow users to post testimonials and upload text, photographs, images, videos, reviews, information and other materials (“User Contributions”). Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove your User Contributions on our Platforms. We have no obligation to retain or provide you with copies of your User Contributions, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of User Contributions. User Contributions must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
- Violate the legal rights (including the rights of publicity and privacy) of others.
- Be likely to deceive.
- Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
- Be likely to cause annoyance, inconvenience, duress, distress, discomfort, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, bartering or advertising not approved in advance in writing by Leaf’Em.
- Give the impression that they emanate from or are endorsed by Leaf’Em or any other person or entity if this is not the case.
- Result in the unauthorized disclosure of the personal information of any other person.
- Constitute electioneering, such as exhortations to vote for or against any candidate for public office.
7.2 User Contributions are At Your Own Risk. User Contributions available on the Platforms have not necessarily been reviewed or approved by Leaf’Em and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such contributions. Any views or opinions expressed through User Contributions belong solely to the users who shared the contributions and are not endorsed by Leaf’Em. Your reliance on any User Contributions is done entirely at your own risk. You understand and agree that Leaf’Em is not responsible for, and shall have no liability related to, any User Contributions, including your reliance on such contributions.
- MONITORING AND ENFORCEMENT
Leaf’Em has the right to:
- Disclose your identity or other information about you to a third-party who, in Leaf’Em’s sole discretion, reasonably claims that material posted by you violates the third-party’s rights, including his, her, or its intellectual property rights or privacy rights.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any Platform and/or the content of any Platform.
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through any Platform.
- Remove or refuse to post any User Contribution for any or no reason in the sole discretion of Leaf’Em.
- Take any action with respect to any User Contribution that Leaf’Em deems necessary or appropriate in the sole discretion of Leaf’Em.
- THIRD-PARTIES/THIRD-PARTY WEBSITES AND SERVICES
- FEES AND PAYMENT
10.1 Fees for Plant Parents. Plant Parents may request Plant Care Services from a Plant Sitter by requesting an Appointment as described in Section 2.5. If you are a Plant Parent, and you enter into a transaction with a Plant Sitter, when the Plant Sitter accepts an Appointment request, you agree to pay the total price amount for the Plant Care Service(s) and any other fees associated with the Appointment, which may include any service fees payable to Leaf’Em (the “Appointment Information”). The Plant Sitter, not Leaf’Em, is responsible for setting his or her own prices and performing the Plant Care Services. Where required by law, the amount charged may be inclusive of applicable taxes.
10.2 Fees for Plant Sitters. Plant Sitters may agree to provide Plant Care Services to a Plant Parent by accepting an Appointment as described in Section 2.5. If you are a Plant Sitter, you must confirm the Appointment before it expires or the Plant Parent will have no obligation to complete the transaction. Once an Appointment request is accepted by the Plant Sitter, the Plant Sitter agrees to honor the price set forth on the Appointment Information. The purchase of Plant Care Services is a transaction between the Plant Parent and the Plant Sitter. Leaf’Em’s exclusive role is to facilitate the transaction. We will (either directly or indirectly through an authorized third-party) collect payment from the Plant Parent at the time the Appointment is accepted. Except to the extent of any payment hold pursuant to Section 10.5, we will initiate payment to the Plant Sitter’s account within seven (7) calendar days after completion of the Appointment.
10.3 Service Fees. We may charge service fees for some aspects of our Platforms. If you are a Plant Sitter, except where otherwise specified via our Platforms, our service fee is calculated as a percentage of the total price amount for the Plant Care Services requested by a Plant Parent and is collected once an Appointment request is accepted by a Plant Sitter.
10.4. Cancellations & Refunds.
- Cancellations by Plant Sitter. In the event a Plant Sitter must cancel an Appointment, we encourage the Plant Sitter to first make a reasonable effort to reschedule the Appointment with the Plant Parent. However, if a Plant Sitter is unable to or fails to reschedule an Appointment and cancels the Appointment prior to or during the service period identified in the Appointment Information, we may require the Plant Sitter send us a message through our Platform, specifying the reason for the cancellation. Such message will be reviewed by Leaf’Em only. We will provide the Plant Parent with a full refund, including service fees, for Plant Care Services not provided. Only upon request by the Plant Parent, if a Plant Sitter cancels less than forty-eight (48) hours prior to the start time of an Appointment, Leaf’Em may help a Plant Parent find a replacement Plant Sitter. Leaf’Em’s does not guarantee that they will be able to find a replacement Plat Sitter, and our ability to facilitate finding a replacement Plant Sitter depends on the timing of the cancellation and the type of Plant Care Services provided. If a Plant Sitter cancels three (3) accepted Appointments without justification, Leaf’Em, in its sole discretion, may suspend or deactivate the Plant Sitter’s account,
- Cancellations by Plant Parent. If a Plant Parent cancels an Appointment forty-eight (48) hours or more prior to the start time of the Appointment, the Plant Parent will be entitled to a full refund minus any service fees. If a Plant Parent cancels an Appointment less than forty-eight (48) hours prior to the start time of the Appointment, the Plant Parent will be entitled to a fifty percent (50%) refund minus any service fees. Leaf’Em will (a) retain the service fees plus twenty percent (20%) of the remaining funds and (b) distribute the other eighty percent (80%) of the remaining funds to the Plant Sitter.
- Rescheduling. If a Plant Parent reschedules forty-eight (48) hours or more prior to the start time of the Appointment, there will be no penalty charged. If a Plant Parent reschedules less than forty-eight (48) hours prior to the start time of the Appointment, the Plant Parent will only be charged the service fees. If a Plant Sitter reschedules forty-eight (48) hours or more prior to the start time of the Appointment, there will be no penalty to the Plant Sitter. If a Plant Sitter reschedules less than forty-eight (48) hours prior to the start time of the Appointment, the Plant Sitter may be charged the service fees. If a Plant Sitter or Plant Parent reschedules five (5) accepted Appointments forty-eight (48) hours or more prior to the start time of the Appointment within a six (6) month period, Leaf’Em, in its sole discretion, may suspend or deactivate the User’s account.
- Refunds for Failure to Perform. If we determine in our reasonable discretion that a Plant Sitter has failed to provide Plant Care Services as agreed to with the Plant Parent or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel an Appointment and/or issue a full or partial refund to a Plant Parent.
- General Terms for Cancellations. If you wish to cancel an Appointment, you should use the mechanisms available through our Platforms to do so. For purposes of the policies and terms in this Section 10.4, the date of cancellation is the date that a user cancels through our Platforms, regardless of any separate communications between a Plant Sitter and Plant Parent outside of the Leaf’Em Platforms.
- Payment Disputes; Payment Outside of the Leaf’Em Platforms. Leaf’Em initiates payments to Plant Sitters seven (7) calendar days after completion of an Appointment. Once these amounts have been disbursed, any further payment disputes are between the Plant Parent and Plant Sitter, and Leaf’Em has no obligation to mediate or facilitate any resolution. Further, Leaf’Em has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Leaf’Em Platforms.
10.5 Payment Holds. If you are a Plant Sitter, Leaf’Em reserves the right to issue a hold on amounts otherwise payable to you if there is a reasonable suspicion of prohibited conduct as described in Section 6 involving your account or for other similarly compelling reasons involving protection of Leaf’Em, the Leaf’Em community or third-party rights. We may also recommend that our third-party payment provider restrict your access to funds in your account under the foregoing circumstances.
10.6 Authorization to Charge. When a Plant Parent payd for Plant Care Services or for other services on our Platforms, the Plant Parent will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Appointments. Leaf’Em’s role is to facilitate payments from Plant Parents to Plant Sitters as a limited payment agent between the parties. You authorize us to charge your credit card or other payment method for fees you incur on our Platforms as they become due and payable, and to charge any alternative payment method Leaf’Em has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Leaf’Em nor the Plant Sitter will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Leaf’Em Service are non-refundable once paid.
10.7 Taxes. Except for taxes on Leaf’Em’s income and gross receipts or where Leaf’Em is otherwise required to collect taxes, Plant Sitters and Plant Parents acknowledge that you are each solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of the Plant Care Services via our Platforms. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Leaf’Em Platforms.
10.8 Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Services Agreement (available at https://stripe.com/legal), and, if you are receiving payments via the Leaf’Em Platforms, the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) (collectively, the “Stripe Terms”). In order to use our Platforms to receive payment, you may be required to set up a Stripe account and accept the Stripe Terms. You authorize Leaf’Em to obtain all necessary access to and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate payment related to Plant Care Services you purchase or provide. You further agree to provide accurate and complete information about you and your plant care service business and authorize Leaf’Em to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Leaf’Em reserves the right to switch payment processing vendors or use alternate or backup vendors in its sole discretion at any time.
- INTELLECTUAL PROPERTY RIGHTS
11.1 Intellectual Property. The Platforms and their content, features, and functionality, including, without limitation, information, text, graphics, drawings, logos, button icons, images, videos, streaming images, audio files, streaming audio, data compilations, and the design, selection, and arrangement thereof (collectively, the “Intellectual Property”), are the exclusive property of Leaf’Em, our licensors, and other third-parties, and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
11.2 License. Leaf’Em is providing you with access to the Platforms pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You may use the Platform only for personal, non-commercial use, subject to these Terms of Service. This license is available to you provided that you are not barred from any Platform by applicable law and your access is not terminated by us. If these Terms of Service are not enforceable where you are located, you may not use any Platform. Leaf’Em reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
11.3. Non-commercial Use. You may download information from any Platform and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice contained thereon. Except as otherwise stated herein, you may not reproduce, modify, publicly display, publicly perform, store, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from, any of the Intellectual Property, in whole or in part, of any of our Platforms. Any use of the Intellectual Property not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other applicable laws, both in connection to intellectual property and otherwise. Any unauthorized use of any Platform or the Intellectual Property shall automatically terminate the limited licenses set forth in these Terms of Service without prejudice to any other remedy provided by applicable law. You agree to comply with reasonable written requests from Leaf’Em to help us protect all of our proprietary and intellectual property rights.
11.4 Intellectual Property Infringement We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and to terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, please notify us through the methods provided in Section 18 below.
In your notice, please provide the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Platform, including but not limited to the URL.
- Your address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized under these Terms of Service.
- A written and signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright or authorized to act on such owner’s behalf, if applicable.
- DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE PLATFORMS, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES, IS AT YOUR SOLE RISK. THE PLATFORMS, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO: (A) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (B) RESULTS TO BE DERIVED FROM THE USE OF ANY PLATFORM (C) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (D) THE ABSENCE OF ANY VIRUSES, BUGS, MALWARE. OR OTHER HARMFUL CODE IN ANY PLATFORM, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE PLATFORMS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WITHOUT LIMITING THE FOREGOING, NONE OF THE LEAF’EM PARTIES NOR ANYONE ASSOCIATED WITH THE LEAF’EM PARTIES REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED WITH THE FACILITATION OF THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, BUGS, MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR WITH THE FACILITATION OF THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD-PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY LEAF’EM. THE VIEWS AND OPINIONS OF USERS OF ANY PLATFORM DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF LEAF’EM.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, LEAF’EM AND ITS AFFILIATES, PARENT COMPANY, SUBSIDIARIES, LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “LEAF’EM PARTIES”), DISCLAIM AND IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, TRAVEL EXPENSES, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH OUR PLATFORMS, OR FOR ANY INTERACTIONS ONLINE OR OFFLINE OF OUR PLATFORMS) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR PLATFORMS, OR THE CONTENT OF ANY PLATFORM, EVEN IF LEAF’EM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE ANY PLATFORM; ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO ANY PLATFORM; ANY CONTENT ON THE PLATFORMS OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT; OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY PLATFORM OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO ANY PLATFORM; (B) THE LOSS OF OR REMOVEAL OF YOUR ACCOUNT OR PROFILE INFORMATION; (C) ANY SUSPENSION, OR TERMINATION OF YOUR ACCESS TO OUR PLATFORMS; (D) ANY FAILURE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OT TRANSMISSION OF OUR PLATFORMS, WHETHER WE WERE AWARE OR NOT; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM ANY PLATFORM; (F) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON ANY PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (G) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE; (H) THE USE OF ANY THIRD-PARTY SITES; (I) THE LOSS OF, OR UNAUTHORIZED ACCESS BY ANY PERSON TO YOUR ACCOUNT; OR (J) THIRD-PARTY ACCESS TO YOUR ACCOUNT OR PERSONALLY IDENTIFIABLE INFORMATION.IF YOU HAVE A DISPUTE WITH A USER ON OUR PLATFORMS OR THIRD-PARTY SERVICE PROVIDER, YOU AGREE TO RELEASE LEAF’EM FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL LEAF’EM BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PLANT PARENT OR PLANT SITTER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LEAF’EM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR PLATFORMS OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO LEAF’EM (SPECIFICALLY EXCLUDING AMOUNTS PAID TO PLANT SITTERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID LEAF’EM FOR THE USE OF ANY PLANT CARE SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
- CHOICE OF LAW; DISPUTE RESOLUTION; CLASS ACTION WAIVER
- Choice of Law. The validity, interpretation, and performance of these Terms shall be controlled by and construed in accordance with the laws of the State of Texas without regards to its conflicts of laws principles.
- Dispute Resolution; Arbitration. Except as prohibited by law, any dispute or conflict regarding the enforcement or interpretation of these Terms will be resolved through binding arbitration under the Comprehensive Arbitration Rules and Procedures of JAMS or pursuant to the JAMS Streamlined Arbitration Rules and Procedures in Travis County, Texas. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of Leaf’Em to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY COURT OR JAMS TRIBUNAL IN TRAVIS COUNTY TO RESOLVE ANY CLAIM, DISPUTE, OR CONFLICT ARISING FROM OR RELATING TO THIS AGREEMENT.
- Class Action Waiver. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor Leaf’Em has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
You agree to defend, indemnify, and hold harmless the Leaf’Em Parties from and against any and all damages arising from, incurred as a result of, or in any manner related to (a) your User Contributions or other content posted by you; (b) your use of or connection to any Platform (including any use by you on behalf of your employer, a family member, a friend, and any use by third-parties under your accounts); (c) your use of any Platform content; and/or (d) your violation of these Terms of Service. Leaf’Em may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Leaf’Em’s rights or obligations shall be made without Leaf’Em’s prior written approval. Leaf’Em reserves the right, at Leaf’Em’s own expense and on notice to you, to assume exclusive defense and control of any such claim or action.
- MODIFICATION AND TERMINATION
Leaf’Em reserves the right to modify these Terms of Service at any time and in its sole discretion. When we do so, we will update the “Last Updated On” date above. By continuing to use any Platform, or any portion thereof, after we post any such changes, you accept these Terms of Service as modified. Leaf’Em reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Terms, or any services provided through any Platform (or any part thereof), and/or your use of, or access to, any Platform, with or without notice. Leaf’Em may also delete, restrict, or prohibit your access to, and/or use of, any, in whole or in part, in the sole discretion of Leaf’Em, including if you have a registered account. Leaf’Em will not be liable to you or any third-party if, for any reason, all or any part of any Platform are unavailable at any time or for any period of time. Leaf’Em will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through any Platform, or for the loss of any related information.
- MESSAGING SERVICES
17.1 Messaging Communications. Leaf’Em may allow users to request and receive offers, newsletters, and other marketing and/or promotional campaigns via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive the above mentioned communications from Leaf’Em. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. Leaf’Em provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third-party. When you send emails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
17.2 Consent to Communications from Leaf’Em. You agree that Leaf’Em may contact you through our Platforms, by email, or by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your account or otherwise provided to us (such as by sending a coupon to yourself), including for marketing purposes. You agree that Leaf’Em may leave a voicemail on any messaging service associated with any phone number provided by you or on your behalf in connection with your account, and that such voicemail may contain private information. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided, including for marketing purposes. Should you send Leaf’Em a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. Message and data rates may apply, and message frequency varies. Carriers are not liable for delayed or undelivered messages. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Consenting to text messaging isn’t required to use a Leaf’Em account, and if you prefer not to get text messages, please use email to send yourself information instead. You further understand that you may opt out of receiving marketing text messages from Leaf’Em at any time, by texting the word “STOP” to the text message using the mobile device that is receiving the messages. You can also get help directly by contacting us at the email located in “Contact Information” below.
- CONTACT INFORMATION
The Platforms are operated by Leaf’Em. Any feedback, questions, comments, concerns or requests for technical support, and other communications relating to any Platform or these Terms of Service should be directed to Leaf’Em through our “Contact Support” mechanisms or to our email at [email protected].
- GENERAL TERMS
- Entire Agreement. These Terms of Service and any documents expressly incorporated herein constitute the entire agreement between you and Leaf’Em relating to their subject matter and cancel and supersede any prior versions of these Terms of Service and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms. No modification to these Terms of Service will be binding on Leaf’Em, unless in writing and signed by an authorized Leaf’Em representative or posted by Leaf’Em to any Platform. You may not assign, sublicense, delegate, or otherwise transfer these Terms of Service or any right granted hereunder.
- Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
- Equitable Relief. You agree that any material breach of these Terms of Service will result in irreparable harm to Leaf’Em for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Leaf’Em will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Leaf’Em seeks such an injunction.
- No Waiver. No waiver by Leaf’Em or failure to exercise promptly any right of Leaf’Em under these Terms of Service will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
- Severability. If any provision of these Terms of Service is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of these Terms of Service will remain in full force and effect.
- Electronic Communications. You consent to receive electronic communications from Leaf’Em either in the form of email sent to you at the email address listed on your account or by communications posted on any Platform. You acknowledge and agree that any electronic communication in the form of such email or posting on any Platform shall satisfy any legal requirement that such communication be in writing.