PLANTPURE COMMUNITIES TERMS & CONDITIONS OF USE
Terms Revised: January 2017
This document contains the legal agreement between you and the nonprofit PlantPure Communities, Inc. (“PPC”), regarding use of our websites, social media sites, blogs and mobile applications (“Sites”). We require agreement to these Terms and Conditions as a condition to allowing you to access and use our Sites. By using our Sites you agree to these Terms and Conditions. Please read these Terms and Conditions carefully to make sure that you understand your rights and obligations under this agreement.
In these Terms and Conditions the words “we”, “us”, and “our” refer to PPC. The words “you” and “your” refer to you individually, if you are accessing our Sites for personal reasons, or to your organization, if you are accessing our Sites on behalf of an organization.
Use of our Sites is only available to users who are 18 years of age or older and who reside in the United States, or its possessions and territories. We make no claim that the Sites or any content on the Sites is suitable for access from outside the United States or compliant with laws of countries other than the United States. Should you access our Sites from outside of the United States you do so on your own initiative and are responsible for compliance with local laws.
We reserve the right to update these Terms and Conditions occasionally at our sole discretion. The modified Terms and Conditions will be effective upon posting, and you agree to the new posted Terms and Conditions by continuing your use of the Sites. Each time you use the Sites you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound by that version of these Terms and Conditions. You are responsible for staying informed of any changes and are expected to check this page occasionally so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using our Sites.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND IT ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- Eligibility – By using our Sites, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions on behalf of yourself or your organization and to use the Sites in accordance with these Terms and Conditions.
- Electronic Communications – When you visit our Sites or send emails or other Internet communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices or responses on the Site to which you directed your communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing. If you have communicated with us, we may send you promotional communications via email or other electronic communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these emails at any time by following the unsubscribe instructions provided in the messages that we send to you.
- Important Health Information – Disclaimer: The information shared by PPC is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you are on medication and are changing to a whole food, plant-based diet, you should discuss with your health care provider the changes that you are making in your diet and how these changes may require an adjustment in medication dosage. It is important that you work with your doctor to monitor your condition and medication dosage during your change of dietary practices. By accepting these Terms and Conditions, you acknowledge that no Pod members, Pod website subscriber, PPC materials, PPC representatives or volunteers are giving medical advice or treatment.
If you are participating in any PPC program, please consult your physician prior to and during the program, as changing your diet, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, or weight, while on this program. PEOPLE WITH DIABETES WHO WANT TO PARTICIPATE IN THE PLANTPURE COMMUNITIES OASIS JUMPSTART PROGRAM ARE REQUIRED TO CONSULT THEIR DOCTORS PRIOR TO PARTICIPATION TO ENSURE THAT THEIR GLUCOSE LEVELS ARE MONITORED AND THEIR MEDICATION ADJUSTED AS NECESSARY.
It is also important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any formal or informal weight loss program or change of diet that results in weight loss may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects.
- Your Responsibility to Protect Your Account – When you create an account, you will be asked to establish a password. You are entirely responsible for maintaining the confidentiality of your password. You are also entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless PPC for losses incurred by PPC or another party due to someone else using your account or password. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, if, in our opinion, you have violated any provision of these Terms and Conditions.
- Content Posted By You – Content posted by you includes, but is not limited to, posting on PPC’s Pod sites, forums and social media pages. These Sites contain various pages where you and others may post content. You may only post content to the Sites that you created or that the owner of the content has given you permission to post. You may not post or distribute content that violates copyright, trademark or other intellectual property rights, is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any right of privacy or applicable law or regulation.
You should carefully choose the information that you post on our Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, any photographs or text containing or describing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter, or any defamatory statements. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
PPC is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
- Content Posted By Others – PPC is not responsible for and does not endorse or condone content in any posting made by others on the Sites. You are solely responsible for your reliance on anything posted by others on the Sites. Under no circumstances will PPC be held liable, directly or indirectly, for any condition, expense, loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of misuse of the Sites by any person, please contact PPC or click on the “Contact Us” link at the bottom of any page on our Sites to report such misuse.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
- Activities Prohibited on the Sites – The following is a partial list of the types of conduct that are illegal or prohibited on the Sites. PPC reserves the right to investigate and take appropriate legal action against anyone who, in PPC’s sole discretion, engages in any of the prohibited activities on our Sites. Prohibited activities include, but are not limited to, the following:
- Using the Sites for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PPC in its sole discretion. PPC takes no responsibility for monitoring or evaluating such content;
- Posting advertisements or solicitations of business other than in the business directory section of the website;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code that is malicious or technologically harmful;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person; attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Sites, or which, in the sole discretion of PPC, exposes PPC or any of its users or suppliers to any liability or detriment of any type.
- Monitoring and Enforcement; Termination – PPC reserves the right, but is not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of its Sites;
- Investigate an allegation that anything posted on its Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
- Remove postings that PPC in its sole discretion determines are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- Terminate your access to the Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
- Monitor, edit, or disclose any posting on its Sites; and
- Edit or delete any communications posted on its Sites, regardless of whether such communications violate these standards; or
- Disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, PPC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing PPC to disclose the identity or other information of anyone posting any materials on or through its Sites. YOU WAIVE AND HOLD HARMLESS PPC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PPC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF PPC, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
PPC does not review any materials before users post them on its Sites, and cannot ensure prompt removal of objectionable material after it has been posted. PPC assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. PPC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
PPC has the right to terminate your access to its Sites for any reason, including, without limitation, if PPC, in its sole discretion, considers your use to be unacceptable. PPC may, but shall not be under no obligation to, provide you a warning prior to termination of your use of its Sites.
- Site Content and Availability – PPC reserves the right to withdraw or amend its Sites, and any service or material it provide on the Sites, in its sole discretion and without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Sites, or to all of our Sites.
PPC may update the content on its Sites from time to time, but content of the Sites is not necessarily complete or up to date. Any of the material on the Sites may be out of date at any given time, and PPC is under no obligation to update such material.
- PPC Intellectual Property – The entire contents of the Sites are copyrighted as a collective work under the laws of United States and other copyright laws. PPC holds the copyright in the collective work. The collective work includes works that may be property of other parties. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Sites, in each case solely for your own personal noncommercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). You may not post any content downloaded from our Sites on any social media site, website, or other location where such content is accessible by third parties without PPC’s written permission. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Sites.
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PPC and/or its affiliates, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not (i) modify copies of any materials from our Sites; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms and Conditions, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by PPC. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
- Trademarks – The PPC name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of PPC or its affiliates or licensors. You must not use such marks without the prior written permission of PPC. All other names, logos, product and service names, designs and slogans on these Sites are the trademarks of their respective owners.
- Copyright Protection – If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials from these Sites by contacting PPC (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
PlantPure Communities, Inc.
101 East Clay St.
Mebane, NC 27302
AND via Email: email@example.com
In an effort to protect the rights of copyright owners, PPC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Sites who are repeat infringers.
- Online Purchases and Other Terms and Conditions – All purchases through our Sites or other transactions for the purchase of tickets, goods or services from PPC are governed by our Terms and Conditions of Sale –www.plantpurepods.com/privacy-policy
Additional terms and conditions may also apply to specific portions, services or features of our Sites, and you will be provided notice of such terms conditions when you request access that is subject to such additional terms and conditions. All such additional terms and conditions supplement these Terms and Conditions.
- Links from the Sites – If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes, without limitation, links contained in advertisements, including banner advertisements and sponsored links. PPC has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
PPC may disable all or any social media features and any links at any time, without notice, at its sole discretion.
- Legal Disclaimers
The Sites and the content of the Sites are provided on an “AS IS” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, PPC, ITS BOARD OF DIRECTORS, EMPLOYEES, LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
PPC makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites or any content on the Sites. PPC cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. PPC cannot and does not guarantee or warrant that files available for downloading from these Sites will be free of infection by viruses, worms, Trojan horses, or other codes or malware that manifest contaminating or destructive properties or information theft.
PPC cannot and does not guarantee or warrant that any content you post on its Sites will remain on its Sites. PPC does not warrant or guarantee that the functions or services performed on the Sites will be uninterrupted or error-free, or that defects in the Sites will be corrected.
The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content developed and provided by PPC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PPC. PPC is not responsible, nor is PPC liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PPC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH OR CLAIM AGAINST PPC, ITS BOARD OF DIRECTORS, AGENTS, EMPLOYEES, AND AFFILIATES IS FOR YOU TO DISCONTINUE YOUR USE OF THE SITE. PPC AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM YOUR USE OF THE SITES OR PARTICIPATION IN ANY POD OR OTHER PPC PROGRAMS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PPC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims. You agree that to the extent that the applicable jurisdiction does allow an exclusion or limitation, the part of the above limitation that does not comply with applicable law shall be deemed to be deleted and the rest of the limitation shall remain applicable.
- Indemnification – You agree to indemnify, defend, and hold PPC, its officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites, including, but not limited to, any content that you may post, any use of the Sites’ content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites.
- Resolving Disputes – Arbitration – PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PPC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Most user concerns can be resolved quickly and to the user’s satisfaction by calling PPC’s relevant staff person or submitting a request for assistance via PPC’s website. If PPC is unable to resolve to your satisfaction a complaint you may have (or if PPC has not been able to resolve a dispute it has with you after attempting to do so informally), each party agrees to resolve any such dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and PPC agree otherwise, (i) any action in small claims court will take place in the county (or parish) of your billing address as provided by you to PPC, and (ii) any arbitration hearings will take place in Alamance County, North Carolina. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. PPC agrees that it will pay a consumer’s filing fee for the arbitration if you are an individual.
You agree to arbitration on an individual basis. In any dispute, NEITHER USERS NOR PPC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
- Miscellaneous Provisions
Waiver and Severability
No waiver by PPC of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PPC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdictions
Our Sites are controlled by PPC from its offices in Mebane, Alamance County, North Carolina, in the United States of America. All matters relating to access to, or use of, our Sites or content of our Sites are governed by applicable federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflicts of laws provisions. Except as provided in the section above on Resolving Disputes – Arbitration, any legal action or proceeding relating to these Terms and Conditions, access to, or use of, our Sites or the content of our Sites is subject to the exclusive jurisdiction of the state and federal courts located in Durham County, North Carolina. You and PPC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.
PPC may deliver notices to you under these Terms and Conditions by means of electronic mail, a general notice on our Sites, or by written communication delivered by first-class U.S. mail to your address on record in your PPC account. You may give notice to PPC at any time via electronic mail AND by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following addresses:
PlantPure Communities, Inc.
c/o Cobb Ezekiel Loy & Company, P.A.
PO Box 387
Graham, NC 27253