Terms Of Service
Effective Date: March 1st, 2019
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
(1) You agree not to re-use material from this website or from any other site operated by Positively Plantain, LLC (each a “Site”). In particular, you agree not to copy, distribute, republish, reproduce, upload, post, or transmit anything, in any form or by any means, unless a feature on our site specifically gives you permission (like our Pin It function) or you get our written consent first.
There's one exception: you may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices.
But please don't modify the materials or use them for any other purpose; if you do, you'll be violating our intellectual property rights.
(2) Everything on the Site or that you download – all text, images, and other materials on the Site, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it -- is considered licensed to you by Positively Plantain, LLC for your personal use. This material is protected by law, including U.S. copyright laws and international treaties.
That means that we retain full and complete title to the Site and to all of the associated intellectual property rights. So you're not allowed to redistribute or sell the material -- or to “mirror” any materials on the Site, reverse-engineer, disassemble, or otherwise convert it to any other form that people can use. Additionally, you’re not allowed to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site, or interfere with anyone else’s use and enjoyment of the Site. Specifically, you may not attempt to gain unauthorized access to the Site through hacking, password mining, or any other means.
IF YOU SUBMIT MATERIAL TO US...
(1) All concepts, suggestions, ideas, or other recommendations that you communicate to Positively Plantain, LLC through this Site in any format (an “Idea Submission”) becomes and remains our property, even if this agreement is later terminated.
This means that...
We don't have to treat any such Idea Submission as confidential.
You can't sue us for using the Idea Submission you provide (including, but not limited to, product or advertising ideas).
If we use your Idea Submission -- or anything like them -- we don't have to pay you or anyone else for them.
We will have exclusive ownership of all present and future rights to Idea Submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
(2) For any other content, reviews, ratings, remarks, information, questions, comments, photos, videos or material you post, upload, submit, or transmit to this Site, including any of the foregoing submitted through our product ratings and reviews service, (“Content Submission”), you automatically grant Positively Plantain, LLC a royalty-free, perpetual, irrevocable, transferable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Content Submission in any media or in any form, format, technology or forum now known (such as, television, radio, print, in-store, packaging, billboards, digital and mobile) or hereafter developed. However, you understand that Positively Plantain, LLC is not required to use any Content Submission. Positively Plantain, LLC’s use or non-use of any Content Submission is at Positively Plantain, LLC’s sole discretion. We don’t have to treat any Content Submission as confidential.
(4) For all Content Submissions to Positively Plantain, LLC, you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto;
all "moral rights" that you may have in such content have been voluntarily waived by you;
all content that you post is accurate;
You further agree and warrant that you shall not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; that contains any computer viruses, worms or other potentially damaging computer programs or files.
(5) You agree to indemnify and hold Positively Plantain, LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
(6) By submitting your email address in connection with your rating and review, or any other item you submit to us, you agree that Positively Plantain, LLC and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
We hope you enjoy the information and materials on our Site. We’re glad when you link to them or post them on your social media accounts, but only for your personal use. You’re not permitted to post or upload any of our Site content for your commercial, business, or non-personal use. If you use or post our Site information and materials for any non-personal purposes, you’ll be violating our intellectual property rights. Also, make sure that your social media account permits you to post third-party content.
INFORMATION ABOUT HEALTH & WELLNESS
Information accessible on this Site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
LIMITATION OF LIABILITY
It's very important for you to read the next two sections carefully -- so important, in fact, that the law actually requires us to put this material in capital letters.
POSITIVELY PLANTAIN, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY...
USE OF (OR INABILITY TO USE) THE SITES,
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
FAILURE OF PERFORMANCE,
DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, MALWARE, OR HARMFUL COMPONENTS, OR...
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING...
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
THE MATERIALS IN OUR SITES ARE PROVIDED “AS IS.” THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) POSITIVELY PLANTAIN, LLC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES...
THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE.
THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.
THAT DEFECTS WILL BE CORRECTED.
THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THAT THE MATERIALS ON THE SITE ARE CORRECT, ACCURATE, OR RELIABLE
THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. (WE THINK OUR RECIPES ARE GREAT, BUT WE HAVE NO CONTROL OVER CONDITIONS IN YOUR PARTICULAR KITCHEN OR HOUSEHOLD THAT WE DON'T KNOW ABOUT.)
IN ADDITION TO THE ABOVE, YOU (AND NOT POSITIVELY PLANTAIN, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
ANOTHER DISCLAIMER – OTHER WEBSITES
We sometimes provide access to other websites from our Sites. But we don't endorse or approve any products or information offered at sites you reach through our Site. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still in a Positively Plantain, LLC -operated Site or have moved to another site.
SECURITIES OF THE POSITIVELY PLANTAIN, LLC COMPANY
We are not providing investment advice through this Site and the material on this Site should not be regarded as an offer to sell or a solicitation of an offer to buy, any securities of The Positively Plantain Company. If you decide to use any material available on the Site in assessing whether to buy or sell securities of The Positively Plantain Company, please be aware that the material on the Site reflects past performance and historical information only and that such performance and information is not necessarily an indication of future performance.
The United States Securities and Exchange Commission encourages companies to disclose forward-looking information so that investors can better understand a company's future prospects and make informed investment decisions. This website may be considered to contain such "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, which provides a safe harbor for forward-looking statements made by or on behalf of a company.
Words or phrases such as "anticipate," "estimate," "expects," "projects," "intends," "plans," "believes," "targets," "goal," "will likely result," "will continue," and similar expressions used in connection with any discussion of future operating or financial performance identify such forward-looking statements. Those forward-looking statements are management's present expectations regarding future events and speak only as of their dates. As with any projection or forecast, they are inherently susceptible to uncertainty and changes in circumstances, and Positively Plantain, LLC is under no obligation, and expressly disclaims any such obligation, to update or alter any forward-looking statements whether as a result of such changes, new information, future events or otherwise.
Positively Plantain, LLC 's actual results could differ materially from management's expectations and anticipated results because of changes in such factors. Some of the factors that also could cause actual results to differ from those contained in any forward-looking statements include, but are not limited to, sales, earnings and volume growth, competitive conditions, production costs (including energy, transportation, and distribution costs), currency valuations, global economic and industry conditions, achieving cost savings programs, success of acquisitions and divestitures, new product and packaging innovations, the impact of e-commerce and e-procurement, supply chain efficiency and cash flow initiatives, and other factors described in our filings with the Securities and Exchange Commission.
In addition, Positively Plantain, LLC 's overall strategy, including its financial strategy, its growth of operations, the maintenance of its financial ratios and similar matters could be adversely affected by increased interest rates, failure to meet earnings expectations, significant acquisitions or other transactions and changes in Positively Plantain, LLC 's strategies and intentions.
Unless otherwise specified, the materials in our Sites are presented to provide information about Positively Plantain, LLC and its products. Positively Plantain, LLC controls and operates its Sites from the company's headquarters in Fort Collins, CO, in the United States of America. We in no way imply that the materials on the Sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported:
a. into (or to a national or resident of) any country to which the United States has placed an embargo; or
b. to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.
If you download or use the Site or software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list. You may not use or export the materials from this site in violation of U.S. export laws and regulations.
WHAT TO DO IF YOUR COPYRIGHT HAS BEEN INFRINGED
Positively Plantain, LLC respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Positively Plantain, LLC has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work that you believe to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 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 or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Providing URLs in the body of your notice is the best way to help us locate content quickly.
Your name, address, telephone number, and, if available, an email address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Positively Plantain, LLC
217 Racquette Dr, Suite 14
Fort Collins, CO 80524
Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from all Positively Plantain, LLC sites, along with all related documentation and all copies and installations. Positively Plantain, LLC may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Sites, we do not in any way promise that the materials will remain available to you. And Positively Plantain, LLC is entitled to terminate all or part of any of its Sites at any time, or your access to all or part of its Sites, without notice to you.
MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
These Terms and Conditions and the agreement they create shall be governed by and interpreted according to the laws of the State of Colorado (without applying the state's conflict-of-law principles). You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Fort Collins, Colorado with respect to any claims, demands or causes of action arising out of or related to this Agreement or your use the Positively Plantain, LLC sites.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Positively Plantain, LLC may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.