Privacy Policy

Privacy Policy

Last Updated: September 11, 2018

Privacy Policy 

Three Habitat Consulting HoldCo. Inc, DBA, doing business as “OnePlant” (“us,” “we,” or the “Company”) is committed to respecting the privacy rights associated with users of the Company’s Internet website located at https://www.oneplant.life/ (the “Site”), applications and software provided online through or in connection with the service, including through a mobile device (collectively, the “Service”). We created this Privacy Policy (this “Policy”) to provide our registered users (“Members”) and unregistered users and visitors (collectively, “Users” or “you”) information regarding the collection and use of your information on the Service, so that you can make an informed decision about your use of the Service. We created this Policy to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Service, and not to any other websites that you may be able to access from the Service, each of which may have data collection and use practices and policies that differ materially from this Policy.

By using the Service, you agree to the terms and conditions of this Privacy Policy.

When using the Service, there are general elements of our Service that you should know. We will not use or share your Personally Identifiable Information with anyone except as described in this Privacy Policy. Company does not own your user generated content. For further details on using the Service please refer to our Terms of Use Agreement available here.

This Privacy Policy applies to information collected by Company and does not apply to information collected by any third-party sites to which the Service may link or to information provided to, or collected by, third-parties through third-party cookies, web beacons, or other third-party technologies served during your visit to the Site.

Please see the Do Not Track section of this Privacy Policy for how the Service responds to “Do Not Track Mechanisms”.

Note that you can withdraw the consent you have given us to process your information at any time by going to the Settings in your account. Please see the Your Choices section of this Privacy Policy for additional detail.

If you have questions or concerns regarding this Privacy Policy, you should contact us via email to privacy@OnePlant.life, or send mail to Privacy, OnePlant, 200 Spectrum Center Drive, Suite 300, Irvine, CA 92618

 

 

Changes to Privacy Policy. 

Changes to this Policy will become effective on the date they are posted on the Service. We reserve the right to change this Policy at any time and from time to time in our sole and absolute discretion without the duty to notify you. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Service. You should check this Policy periodically as its terms may change from time to time without prior notice to you. Your continued use of the Service after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this Policy when we post changes to it.

Disclaimers

This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond the Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Service. This Policy does not apply to any information we may collect from you in any place other than the Service.

California Use Only

The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

No Use of the Site by Persons Under 21 Permitted

The Company intends only persons who are 21 years or older to use the Site and any use of the Site by persons under the age of 21 is strictly prohibited. Personal information submitted by a person under the age of 21 will not be accepted. Any general information provided by a person under the age of 21 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Policy.

Notice Concerning Children

We are a mature audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information in that user’s account. Do not supply to us or disclose on the Service any Personal Information of any person under 13 years of age, as we do not intend to collect information from anyone under 13 or invite them to participate in the Service.

YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.

Information Collection Practices

When you visit our Service we may collect information regarding your visit from your computer. Such information helps us to determine information about how you found our Service, the date that you visited our Service and search engines that may have led you to our Service. We collect this information in order to continually improve and enhance the functionality of the Service.

  • What Basic Information Does the Company Collect? We may ask you for certain information referred to on the Service as “Personal Information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, state of residence, e-mail address, telephone number, financial data (which may include your credit card or debit card number), and other information which identifies you. If you choose to register with our Service and create a Member account, You may be required to provide Personal Information to access or use certain parts of our website or features of the Service. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Service where such information is requested.
  • What Additional Information Does Company Collect? Automatic Collection. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
  • From time to time, we may use the standard “cookies” feature of major browser applications, which allows us to store a small piece of data on your computer about your visit to the Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies help us to learn which areas of the Site are useful and which areas need improvement. Cookies are small text files that are stored on users’ hard drives, which often include an anonymous unique identifier. The Service uses both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while a user is logged into the site and expire when the user closes their browser. Persistent cookies are used to make tasks like logging into the site easier for returning users by remembering a user’s login information, and may be used by your browser on subsequent visits to the Website. Persistent cookies stay on a user’s hard drive from one session to the next. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. When you visit our Site, our computer may ask your computer for permission to employ the use of a session or persistent cookie. Our Site will then send a cookie to your browser if your browser’s preferences allow it. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Site may be diminished and some features may not work as they were intended.
  • IP Address and Click Stream Data. Our servers automatically collect data about your Internet Protocol address when you visit us. When you visit the Site we may also collect “click stream data” (server address, domain name). Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on this Site; the website you visit after this Site; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Site or a referral website; and other web usage activity and data logged by our web servers. This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for internal system administration, to help diagnose problems with our servers, for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may aggregate user information in a non-personally identifiable manner to share with advertisers, to enhance the Service, or for general business purposes.
  • Clear GIFs/Beacons/Pixels. When visiting our Site, we may also use “Clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies in our Site and/or in our communications with you. A Clear GIF is typically a one-pixel, transparent image located on a web page or in an e-mail or other type of message, which helps us to verify an individual’s viewing or receipt of a web page or message. Clear GIFs allow us to know whether you have viewed a web page prior to visiting our Website and may enable us to relate such information to other information, including your Personal Information. We use information provided from Clear GIFs to enable more accurate reporting, improve the effectiveness of our marketing, and make our Service better for our users.

Use of Your Information

  • Personal Information. We may use your personal information to verify your identity, to check your qualifications, and to follow up with transactions initiated on the Site. If you submit information to us through the Service, including registration and profile information, then we use this information to operate, maintain, and provide the features and functionality of the Service. We will use your email address to complete the signup process. By providing your email address to us, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to Service features and special offers.
  • Usage Information. Additionally, we share certain categories of information we collect from you in the ways described in this Policy. We may share demographic data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. If you do not want us to share your contact data with any third parties, please contact us in accordance with the “Contact Us” section below and expressly notify us of such request. Additionally, we may analyze visits to the Site and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
  • Anonymous Information. We may use anonymous information to analyze the Site traffic, but we do not intend to examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer the Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
  • We may use cookies to deliver content specific to your interests, to save your password, if applicable, so you don’t have to re-enter it each time you visit the Site, or for other purposes. Promotions or advertisements displayed on the Site may contain cookies. We do not have access to or control over information collected by outside advertisers on the Site.
  • Location-Based Services. We collect location-based information in order to provide the specific location-based services which you request. You understand that certain location-based services require a location to function properly and your use of our Application on your mobile device with such features enabled signifies your agreement to use your location for the purposes of the Service.

Information Sharing

The Company will not share your email address with advertisers or unaffiliated third parties without first obtaining your express permission.

  • Disclosure of Personal Information. We may provide information, including personal information, to our subsidiaries, affiliated companies, or subcontractors, so such parties can, among other things (a) perform services and/or process such information on our behalf, (b) use the information to offer greater functionality and enhanced services through the Service and provide you with additional product and service opportunities, and (c) communicate these opportunities to you. When we do this, the recipients of your information are bound by the terms of this Policy.

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on the Company or its affiliates, (2) protect and defend the rights or property of the Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.

We may share non-Personal Information (such as anonymous website and/or application use data) with third-parties to assist them in understanding our Service, including Users’ use of our Service and the services we provide and the success of advertisements and promotions.

We may share non-personally identifiable aggregated user data, such as aggregated gender, age, geographic, and usage data (without the inclusion of a user’s name or other identifying information) to advertisers and other third parties for their marketing and promotional purposes.

We may use analytics services provided by third parties that use cookies and other similar technologies to collect information about the Service without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites and applications.

We may share location-based information with third parties for their marketing and promotional purposes if you have allowed location-based services.

We may release your information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state or federal laws or respond to a court order, subpoena, law enforcement or regulatory request, or search warrant. We reserve the right to collect and share any information: (i) in order to investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) as appropriate or necessary to enforce our Terms of Use or investigate potential or actual violations of the Terms of Use or Privacy Policy; (iii) take precautions against liability; (iv) to protect the security or integrity of our Service; (v) to exercise or protect our rights and property, the Service, or the rights and personal safety of Company affiliates, Users or others; or (vi) for other legitimate purposes.

  • Sale of Information. In order to accommodate changes in our business, we may assign, transfer, or sell the information we collect to a third party in the event our Company is acquired or merged with a third party entity, or due to our bankruptcy or reorganization. In addition, we reserve the right to assign, transfer, or sell any information we have about you to any companies which we may acquire or purchase. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer. Should such a sale or transfer occur, we will use reasonable efforts to direct the acquirer to use the information you have provided consistent with this Policy.

 

Do Not Track

“Do Not Track” (“DNT”) is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. The Site does not currently respond to “Do Not Track” settings. For further details regarding DNT, visit donottrack.us.

Security

The Site has commercially reasonable security measures in place to prevent accidental loss of your personal information and from unauthorized access, use alteration, or disclosure of the information that we obtain from you. Such measures include, but are not limited to, the utilization of Secure Sockets Layer (SSL) encryption to transmit sensitive information through the Service. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information.

While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Site and that any personal information, general information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.

In the event that personal information is compromised as a result of a breach of security, Company will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.

In the event the breach involves your online account credentials, we will provide notification in electronic form and direct you to promptly change your password and security question, as applicable, or to take other appropriate steps to protect the online account as well as any other online accounts for which you use the same credentials or security question and answer.  You consent to our use of e-mail as a means of such notification. If you would prefer us to use another method to notify you in this situation, please e-mail us at privacy@OnePlant.life with the alternative and/or additional contact information you would like us to use.

Third Party Websites

The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

Rights to Opt-In / Opt-out

You have the right to “opt in” and/or “opt out” of certain of our uses of your Personal Information. For example, you may have the opportunity to elect whether you would like to receive correspondence from us and/or third party service providers. Your personal information will not be shared with third party service providers unless consent is given by you. You will have the opportunity to opt out of our promotional e-mails by clicking the “opt out” or “unsubscribe” link in the e-mail you receive. You can also request this by sending an e-mail to privacy@OnePlant.life specifying whether: (i) you would like to opt out of receiving promotional correspondence from us in general, or just via e-mail, postal mail and/or by phone, and/or whether (ii) you would only like to opt out of certain of our e-newsletters or correspondence. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Rights to Access and Control Your Data

You can access or delete your personal data. You have many choices about how your data is collected, used and shared. We offer you settings within your Member account to control and manage the personal data we have about you.

For personal data that we have about you, you can:

  • Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide services to you).
  • Change or Correct Data: You can edit some or your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
  • Object to, or Limit or Restrict, Use of Data: you can ask us to stop using all or some of your personal data (e.g., if the Company has no legal right to keep using it) or to limit our use of it (e.g., if your data is inaccurate or unlawfully held).
  • Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of the personal data you provided in machine readable form.

You may contact us at privacy@OnePlant.life, and we will consider your requests in accordance with applicable laws.

Residents in Designated Countries may have additional rights under the laws of those countries.

Users from the EU, EEA and Switzerland

This section of the Privacy Policy applies only if you use our Website or Service from a country that is a Member State of the European Union (“EU”), European Economic Area (“EEA”) or Switzerland (the EU, EEA and Switzerland collectively, “Designated Countries”), and supplements the information in this Privacy Policy.

To the extent that the Company is subject to the laws of the Designated Countries when processing personal data, it shall be the “data controller” under such laws. We have lawful bases to collect your data, as detailed in this Privacy Policy. The nature of our business means your Personal Information, and Site Usage Information will be transferred to the United States. We take appropriate steps to ensure that recipients of your personal data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred personal data remains protected and secure. You may request copies of these clauses by contacting privacy@OnePlant.life. You may lodge a complaint with the applicable supervisory authority if you consider that our processing of your information violates applicable law.

Retention Period

The Company has a variety of obligations to retain the data that you provide to us, both to ensure that transactions can be appropriately processed, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close your account we will retain certain information as necessary to meet our legal obligations and fulfill the purposes outlined in this Privacy Policy.

We retain your Personal Information even after you have closed your Member Account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use, or fulfill your request to “unsubscribe” from us. We will retain de-personalized information after your account has been closed.

Information you have shared with others (e.g. comments, posted reviews, group posts) will remain visible after you closed your account or deleted the information from your own profile, and we do not control the data that other Members copied out of our Service. Review content associated with closed accounts will show an unknown user as the source.

Your Choices

We have lawful bases to collect, use and share data about you. You have choices about the use of your data. We will only collect and process Personally Identifiable Information about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Company services you have requested)) and our legitimate interests, provided that such processing shall not outweigh your rights and freedoms. Company will seek to obtain your additional consent where required by applicable law. At any time, you can withdraw the consent you have provided by going to settings.

You may, of course, decline to submit Personally Identifiable Information to the Service, in which case you may not be able to register or Company may not be able to provide certain services to you.

You may access, update or correct your Personal Information by using your account settings to edit, delete, update, or change the Personal Information you have provided to this Site. You may also request that we correct, update, or remove your information from the current Site by contacting us at privacy@OnePlant.life. We will respond to your request within 30 days. However, before we are able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and provide other details to help us to respond to your request.

To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your password and account information at all times.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as S.B. 27, allows individual California resident customers who have provided their personal information to us in obtaining products or services for personal, family or household use to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes.

Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. Within thirty (30) days of receiving an express written request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

 

 

 

 

Contact Us

If you have any questions about the Policy, our practices related to the Site, or if you would like to have us remove your information from our database, please contact us at:

Three Habitat Consulting HoldCo. Inc, DBA
Attn: Website Administrator
200 Spectrum Center Drive, Suite 300

Irvine, CA  92618

Email: legal@OnePlant.life

 

Terms of Use

Last Updated: September 11, 2018

Terms of Use

This is a binding agreement. By accessing or using the Internet site located at www.OnePlant.life (the “Site”), any services provided in connection with the Site, applications and software provided online through or in connection with the service, including through a mobile device (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”), as they may be amended by One Plant LLC, a California limited liability company (the “Company”) from time to time in its sole and absolute discretion. By using the Service you agree to the Terms of Use, whether or not you are a registered user of our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Service. You Agree That By Using The Service You Represent That You Are At Least 21 Years Old And That You Are Legally Able To Enter Into This Agreement.

California Use Only

The Service is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

Account Information

You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Service. You can create a Member account either by direct registration on the Service, or via a social login from your authorized social networking service account (Facebook or Google+, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Service, which will then enable you to complete registration on the Service. Your membership account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your Member Profile.

When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide your email address, as well as choose a user name and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.

The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

By providing the Company with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Service features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at email-marketing@OnePlant.life or by sending mail to the following postal address:
Customer Support
200 Spectrum Center Drive

Suite 300

Irvine, CA  92618

 

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Product Purchases, Billing and Payment

You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. Member agrees to pay for all products ordered through the Service. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Company may immediately cease to provide any and all Products to the Member.

When ordering a Product from our Service, you must provide accurate and complete information as requested in order for us to process your transaction. It is the Member’s responsibility to promptly provide Company with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at accounts@OnePlant.life.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

All prices specified on the Service are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.

Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Member’s purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

User Content

You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.
You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
The Company has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations.
The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
OnePlant Enterprises LLC
Attn: Website Administrator
200 Spectrum Center Drive, Suite 300

Irvine, CA 92618

Email: legal@OnePlant.life

Restrictions

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.

Violations

The Company reserves the right to terminate your use of the Service and/or the Site in its sole and absolute discretion. To ensure that the Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished by the Company with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties

The Company hereby disclaims all warranties. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Service, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Service is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will be uninterrupted, secure, or error-free; that any defects in the Service will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Service.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content on the Service; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, worms, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, any other party’s access and use of the Service with your unique Member account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand; provided, that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Copyright

All contents of Site or Service are: Copyright © 2018 OnePlant Enterprises LLC, 200 Spectrum Center Drive, Suite 300, Irvine, CA 92618. All rights reserved.

 

Trademarks

All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.

Mobile Use

By registering your mobile device or providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. The Company does not warrant that the text messaging service will be uninterrupted or error free.

Though you may access the Service via a mobile device, DLR shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of DLR such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

Governing Law/arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@ONEPLANT.LIFE (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: OnePlant Enterprises LLC200 Spectrum Center Drive, Suite 300, Irvine, CA 92618. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE SERVICE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your Member account to which the opt-out applies to:arbitrationoptout@OnePlant.life. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).

 

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the site signifies your explicit consent to this waiver.

Severability Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time or from time to time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Availability and Use Outside of the United States

The Service is controlled, offered and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Service and the content therein, throughout the world.

Notification Procedures

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.

California User Notice

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Acknowledgement

By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.