PlanetTerp provides its Products and Services to You subject to the following terms and conditions. IF YOU VISIT OR REGISTER AT PLANETTERP.COM, YOU ACCEPT THESE TERMS AND CONDITIONS. In addition, when using particular PlanetTerp Services, You and PlanetTerp shall be subject to any posted guidelines or rules applicable to such Services, which may be posted elsewhere on the Site.
Acceptance of Agreement
When You visit planetterp.com or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PlanetTerp or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on this Site is the exclusive property of PlanetTerp and is protected by U.S. and international copyright laws. All software used on this Site is the property of PlanetTerp or its software suppliers and is protected by U.S. and international copyright laws.
PlanetTerp, planetterp.com, and other marks indicated on Our Site are trademarks of PlanetTerp or its subsidiaries, in the United States and other countries. In addition, planetterp.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PlanetTerp or its subsidiaries. PlanetTerp's trademarks and trade dress may not be used in connection with any product or service that is not PlanetTerp's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PlanetTerp, planetterp.com, the marks, Products, or Services.
All other trademarks not owned by PlanetTerp that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlanetTerp or its subsidiaries. Use of such third party marks may be prohibited absent express consent of the owner.
License and Site Access
PlanetTerp grants You a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this Site. You do NOT have permission to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of PlanetTerp. You also may NOT transfer or sublicense this limited right to use the Services or resell the Services.
This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of PlanetTerp.
You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PlanetTerp without express written consent. You may not use any meta tags or any other "hidden text" utilizing PlanetTerp's name or trademarks without the express written consent of PlanetTerp. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by PlanetTerp.
You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of planetterp.com so long as the link does not portray planetterp.com, PlanetTerp, or its Products or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any planetterp.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Your right to use Our Site is not transferable or assignable. Any password or right given to You to obtain information or access the Site is not transferable or assignable.
If You use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. planetterp.com will only sell its Products or Services to adults (age 18 and older), who can purchase them with a credit card. If You are under age 18, You may use planetterp.com only with involvement of a parent or guardian. IF YOU ARE UNDER AGE 13, YOU ARE PROHIBITED FROM USING THIS SITE AND MUST LEAVE THE SITE IMMEDIATELY.
PlanetTerp reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. In the event that such termination is without cause, PlanetTerp will refund Your subscription fee (if any) solely for the month in which the termination occurs, assuming it has already been charged. PlanetTerp will not charge the account after it has been terminated. IN THE EVENT OF TERMINATION BY PLANETTERP OF YOUR ACCOUNT AND RIGHTS UNDER THIS AGREEMENT WITHOUT CAUSE, YOU AGREE THAT THE REFUND OF YOUR REGISTRATION FEE FOR A SINGLE MONTH WILL BE THE TOTAL DAMAGES OWED TO YOU FOR SUCH TERMINATION.
To register on planetterp.com You must create an account using a username, an optional email address, and password, and You need to agree to these Terms of Service.
PlanetTerp respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please follow Our Notice and Procedure for Making Claims of Copyright Infringement set forth below.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action We deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Information and Press Releases
Our Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any such press releases. Information about companies other than PlanetTerp's contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY PLANETTERP ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLANETTERP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
PLANETTERP CANNOT GUARANTEE PERFECT SITE ACCESS AT ALL TIMES. SUCH OCCURRENCES AS EXTREMELY HIGH WEBSITE TRAFFIC, POWER OUTAGES, NATURAL DISASTERS, CHANGES IN LAW, STRIKES, ETC. MAY FROM TIME TO TIME PREVENT ACCESS TO PLANETTERP FROM ALL OR PART OF THE INTERNET. PLANETTERP IS NOT RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM DISRUPTIONS IN SERVICE, AND DISCLAIMS ANY LIABILITY RELATED THERETO OR ARISING THEREFROM.
PLANETTERP IS NOT RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM INCOMPATIBILITY BETWEEN ITS SOFTWARE AND PROGRAMS AND THOSE OF ANY USERS, AND DISCLAIMS ANY LIABILITY RELATED THERETO OR ARISING THEREFROM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANETTERP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLANETTERP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM PLANETTERP.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLANETTERP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND IN CONNECTION WITH THE SERVICES, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OR GROSS NEGLIGENCE), INCLUDING BUT NOT LIMITED TO THOSE RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF PLANETTERP'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY PLANETTERP, INCLUDING WITHOUT LIMITATION THE SERVICES.
OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR SHALL BE FOREVER WAIVED AND BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BY USING THE SITE AND THEREBY ACCEPTING THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AWARE OF THE MEANING OF CALIFORNIA CIVIL CODE §1542 AND INTEND TO ASSUME THE RISK OF EXISTING BUT AS YET UNKNOWN CLAIMS.
You agree to indemnify, defend and hold PlanetTerp harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to Your violation of this Agreement or use of Our Site.
By visiting planetterp.com, You agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and PlanetTerp.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement, together with any purchase orders or contracts with You and Your information may be automatically assigned by us in Our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any dispute relating in any way to Your visit to planetterp.com or to Products and/or Services You purchase through planetterp.com shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent You have in any manner violated or threatened to violate PlanetTerp's intellectual property rights, PlanetTerp may seek injunctive or other appropriate relief in any state or federal court in the state of California, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Other Site Policies and Modification
Notice and Procedure for Making Claims of Copyright Infringement
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide PlanetTerp's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PlanetTerp that Your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of the material that You claim is infringing as well as a description of where that material is located on the Site;
- 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 by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
PlanetTerp's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:
Copyright Agent: email firstname.lastname@example.org
Effective Date: November 18, 2017