Terms of Service
These Terms of Service apply to each and every user User visiting and/or using this Service, Content and/or Services. These Terms of Service are available on our Website. Along with the Privacy Policy, these Terms of Service constitute a single, legally binding document between you and Plenty Earth, LLC. These Terms of Service are split into sections for convenience. Other Terms, such as the Return, Refund and Shipment Policy, Privacy Policy, Cookie Policy or Disclaimer may be included in these Terms of Service by means of reference.

TERMS OF SERVICE
Effective as of the 1/1/2019

1. Introductory Clause

1.1. Definitions
References in these Documents to:
“Service”, “Website”, “Plenty Earth”, “We” or “Us” mean Plenty Earth, LLC and are owned and operated by Plenty Earth, LLC; “You”, “Buyer” and “User” means a natural person with ability to perform acts in law, conducting business activity or in other way holding the right, regulated by national provisions, to participate in the Service, if necessary; “Subscription” means an agreement for providing certain products and/or services by the Service towards the Buyer for a defined period of time (hereinafter referred to as: “Subscription Term”); “Subscription renewal” means an explicit or implicit action or set of actions extending the Subscription Term after the expiration of the original Subscription Term; “Customer Support” means a team working for the Service placed in order to resolve any issues or questions that the Users may have in connection to the Service’s Website or possible purchases.

1.2. The Service
Plenty Earth, hereinafter referred to as: “We”, “Us”, “Service” or “Website” is operated by or on behalf of Plenty Earth,LLC , incorporated under Sate of Montana law, thereinafter referred to as: “We”, “Us” or “Company”. If you place an order through the Website, upon order confirmation you have entered into an agreement, which shall be executed by State of Montana, County of Silver Bow, and further governed by these Terms of Service. 

2. General Terms of Service

2.1. Eligibility for User Account
This Agreement may be concluded with physical or natural persons who are of: (a) sufficient legal age to perform acts in law, or; (b) fulfill all statutory requirements to perform acts in law. If you are a natural person, the following shall apply to you: (a) if you are not of sufficient legal age required in your respective jurisdiction, parental or guardian consent is requested, (b) users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement. 

2.2. Registration and User Account
For the purposes of registration, some personal information may be required from you. Please note that without a registered Usership, some features of our Service may not be available to you. In order to register with the service, some personal information (not excluding) name, surname, date of birth, residential address, city/state, gender and e-mail address may be required from you. The Service further offers registration of the User’s Account via certain social networks (ex. Facebook, Twitter etc.), in which case personal information shall be linked the User’s respective social network account, with the User’s permission. Please note that the registration of your User Account. Users agree that the Service may not be able to register a new User Account in the case that the User’s social media account violates the respective third-party website’s Terms of Service, Usage and Privacy Policies. The Service may also terminate the User’s User Account in the case that the User’s social media account has been terminated, for whatever reason.

2.3. Access to certain features
Users should be aware that some functionalities of the Service are reserved for registered Users only. You agree that all information provided to the Service is true, accurate, complete and up to date. You shall not register under the name of, or attempt to enter the User Account of another person, and you will not adopt a username found obscene, profane or offensive in other ways. The Service’s discretional rights under Section 4 of this Agreement apply to choices of usernames.

3. Usage Guidelines

3.1. General Code of Conduct
Users shall access the Service or the services provided via the Website for the purpose for which such features or services are available to Users. The Service may, in sole discretion, limit access or prohibit certain activities on the Service’s Website. You shall not engage in any activity materially violating this Agreement’s provisions. Such activities include (without limitation):
- Criminal, edictal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Advertising to, or solicitation of, any user to buy or sell any products or services, except with the express written approval of ;
- Transmitting chain letters or junk email to other users;
- Using any information obtained from the service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent;
- Engaging in any automated use of the Service, such as using scripts to send comments or messages;
- Interfering with, disrupting or creating an undue burden on the service or the networks or services connected to the Service;
- Attempting to impersonate another user or person.
- Using the user ID or account of another user;
- Using any information obtained from the Service in order to harass, abuse or harm another person;
- Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person;
- Using the Service in a manner inconsistent with any and all applicable laws and regulations;
- Activities which are harmful, abusive, unlawful, threatening, harassing, blasphemous, immoral, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- Any activity which harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Any activity which violates any applicable equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
- Any activity which includes personal or identifying information about another person without that person's explicit consent;
- Any activity which impersonates any person or entity, including, but not limited to, an Plenty Earth employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- Any activity which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Make unsolicited contact towards third parties for both commercial and non-commercial purposes
- Use any software providing automated means of duplication or other malicious code, without limitation to: spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines and non-commercial public archives that comply with our robots.txt file; and
- Attempt to gain or gain unauthorized access to computer systems owned or controlled by Plenty Earth or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform.

3.2. Reserved Rights in cases of Infringement
The Website reserves the right to terminate or suspend User’s access to the website and available software, if, under appropriate circumstances, the User’s behavior has been deemed a material violation of the provisions stated in this Agreement. The Website reserves all rights to deem any User Submission inappropriate even if in compliance with these provisions. The Website further reserves not all discretional rights under this subsection when dealing with specific breaches included in this Agreement, if the User’s behavior on the Website causes a nuisance towards other Users or affected third parties. The Website reserves the right to excursive discretional rights under this subsection in cases of profanity, obscenity or other inappropriate behavior under the current moral and legal standards. The discretional rights of the Website are as follows: (a) Suspension or Termination of Your User Account with or without previous notification; (b) Temporary or permanent bans from Our Websites with or without previous notification; (c) other methods our staff/administrators see fit. The Website, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that the Service may disclose your personal information in the necessary range under applicable law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case The Website needs to comply with the demands (namely formal requests) of appropriate State authorities. 

4. Subscription and Purchase Terms

4.1. Orders 
Upon selecting the appropriate product, its specifications and quantity, you shall be directed to the Checkout section including information regarding the order you are about to place. Please note that the Checkout section contains further instructions on selecting the appropriate shipping method and selecting the preferred payment protocol.

4.2. Payment Gateway
Upon Checkout, you will be requested to choose a preferred payment protocol. Upon selecting your preferred method of payment, you shall be prompted to a secure server in order to enter the appropriate billing information in order to process your payment. Upon payment processing, the Company shall ship the order in accordance to the preferred method of shipment. All prices included on the Website contain VAT. Please note that upon ordering items, each order shall be billed separately.

4.3. Cancellations
Sales are final with no cancellations of any orders being possible. Buyers shall have the right to Returns and Refunds in cases specified by the Return, Refund and Shipping Policy available on our Website.

4.4. Refunds
The Service will offer replacements for defective products subject to warranties and/or representations provided by the product manufacturer. Buyers shall have the right to Returns and Refunds in cases specified by the Return, Refund and Shipping Policy available on our Website.

5. Copyright and Trademark Policy
The Website, its logo, any products, services, names or slogans contained within the Website, corporate correspondence or any other space distinguishing the Service are registered trademarks of the Company, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.  The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. 

6. User Submissions

6.1. Submissions
For the purposes of this Agreement, a User Submission is any form of digital communication not excluding: comments, blog posts, multimedia files, GIFs, videos, photos or voice memos submitted by the User to the Website. Upon uploading a User Submission, the Uploading User represents and warrants that the User Submission is: (a) free of any legal deficit(s) or claims from any affected third parties, (b) the uploading User has all appropriate authorizations towards the user submission, in its tangible or intangible form, where appropriate. Without prejudice o penal or civil liability, any breach of the provisions stated forth in this Section may be grounds for exercising the reserved discretional rights the Service has reserved towards the respective User. By sharing any User submissions on the Website, the User hereby declares that: (a) the User is the author or holder of rights to share this User Submissions, and (b) if the User is not an author of the User Submissions has all rights or approvals that originate from a viable legal source; (c) The User hereby agrees that the User Submission may be further shared and/or uploaded in its original or derivative form by the Website.

6.2. Unsolicited Ideas
Without prejudice to reserved discretional rights under specific circumstances of material breaches to this Agreement’s provisions as explained above, the Website believes in the plurality of opinion and the freedom of expression. Content uploaded by Users and other parties not connecter or associated with the Company are their respective personal opinion. The Website does not endorse any opinion, idea or concept arising out of User Submissions submitted on the Website. The Website disclaims any association with any User or User Submission, as the Website is operating on an open World Wide Web. If you have any concerns regarding obscene, profane or inappropriate User Submissions, please contact us.

7. Third-Party Services

7.1. Third Party Websites and Linked Services
The Users may upon using the Service’s Website find links or third party Services or Applications, which are governed by a separate set of Terms and Conditions than the Service. Please be careful and make sure to inform yourself about the applicable Terms and Conditions of the Third Party Services prior to entering into agreement with them. Usage of third Party Services is at your sole risk and responsibility. Plenty Earth does not have any obligation to examine or scan third party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any third party applications. The fact that a third party application is available via any online platform or otherwise is not an endorsement, authorization or representation of Plenty Earth affiliation with any third party, nor is it an endorsement of such third party application and you hereby waive, any legal or equitable rights or remedies you have or may have against Plenty Earth with respect thereto.

8. No Spam Policy

8.1. Please refrain from sending unsolicited marketing or commercial communications towards the Service by either automated or non-automated means under: (a) penalty of applicable law provisions, and/or (b) discretional rights under section 4 of this Agreement being used against you.

9. Other Contract Provisions

9.1. Limitation on Liability
You hereby agree to indemnify and hold the Service, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement. You expressly agree that you shall withhold of class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in these Terms of Service. If any lawsuits are to occur, you agree that your action will not supersede the amount of one hundred ($100) United States Dollars, or the expenses made whilst using this Service, whichever is greater. The Service does not accept any class action or joint lawsuit against the Service on any grounds. The User hereby understands and agrees that the Service shall handle all grievances, disputes, controversies or possible litigation individually, on a case-by-case basis. If the parties undergo Alternative Dispute Resolution or standard Litigation proceedings, the prevailing party shall have the right to be reimbursed of all litigation expenses, inclusive of all court costs and reasonable attorney’s fees from the non-prevailing party. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights. Any sold, branded or re-sold products on our Website might contain symbols proprietary to their manufacturer.

9.2. Indemnification
You hereby agree to indemnify and hold harmless the Company and the Company’s associates of any and all: claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your breach of any provision of this User Agreement; (ii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third party. This defense and indemnification obligation will survive termination, modification or expiration of this User Agreement and your use of the Service and Website.

9.3. Assignment
This Agreement may not be transferred or assigned towards another party without the Company’s prior written consent. This Agreement shall be in effect to all potential heirs or successors of the person bound by this Agreement. This Agreement may be assigned by the Company towards another person in sole discretion, in which case the Company shall warrant for the sufficient fulfillment of contractual obligations by the Assignee.

9.4. Governing Law
The parties hereby agree that the applicable and usable law on this Agreement is the law of the state of Montana, county of Silver Bow. This clause does not affect any rights under Consumer Protection regulations. If any provision of this agreement is rendered invalid by an operation of law or binding court decision, such provision shall be altered to be applicable as close to the original provision as possible under applicable law. 

9.5. Dispute Resolution
In cases of any disputes or controversies between the User and the Company, the parties agree to resolve these disputes in a fair and amicable manner avoiding bringing up civil actions (namely by mediation, med-arb , or arbitration proceedings). In the case the parties agree to waive the aforementioned and pursue litigation in court, the competent court shall be the court as designated by the Plenty Earth Code on Civil Procedure.

9.6. Continuity of these Terms
These Terms of Service are in effect as of the date stated above. Any Agreements concluded under this version of the Terms of Service shall be executed in accordance with the applicable version of the Terms of Service as of the date of solemnization of the Agreement between the parties. These Terms of Service may be subject to change from time to time. User shall be notified in an appropriate place on the Website about the renewal of these Terms of Service. Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement or by the User withdrawing consent to be bound by this Agreement. 

9.7. Void where Prohibited
To the extent as prohibited by applicable law in certain jurisdictions in your respective residence, the Service may not render Services as described within this Agreement. The Service shall not be held liable for suspension of Services or termination of contract in the case this Agreement is rendered null and void under applicable law.


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