1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and BPS Just
Energy Technology, doing business as PlantKindly ("PlantKindly",
“we”, “us”, or “our”), concerning your access to and use of the http://www.plantkindly.com
website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in Texas, United States and have
our registered office at 151 FM 407 E, Argyle, TX 76226. You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change.
Please ensure that you check the applicable Terms every time you use our Site
so that you understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date such
revised Terms of Use are posted.

The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.

Agriculture

All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Site. If you are a minor,
you must have your parent or guardian read and agree to these Terms of Use
prior to you using the Site.

 

 

2.
INTELLECTUAL PROPERTY RIGHTS

 

Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.

 

Provided that you are eligible to use the Site, you
are granted a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.

 

 

 

 

3.
USER REPRESENTATIONS

By
using the Site, you represent and warrant that:

(1)
you have the legal capacity, and you agree to comply with these Terms of Use;

(2)
you are not a minor in the jurisdiction in which you reside

,
or if a minor, you have received parental permission to use the Site; (3) you
will not access the Site through automated or non-human means, whether through
a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; and (5) your use of the Site will not violate any applicable law or
regulation.

If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).

 

4.
PRODUCTS

 

We
make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the Site. However, we
do not guarantee that the colors, features, specifications, and details of the
products will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual
colors and details of the products. All products are subject to availability,
and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are subject to change.

 

 

5. PURCHASES AND
PAYMENT

We
accept the following forms of payment:

-
Visa

-
Mastercard

-
Discover

-
PayPal

 

You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to promptly update
account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact
you as needed. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in U.S. dollars.

You
agree to pay all charges at the

 prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order.

 

We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.

 

We reserve the right to refuse any order placed
through the Site. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or preorder. These restrictions may
include orders placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.

 

 

 

6.
RETURN POLICY

All
sales are final, and no refund will be issued. Grower assurance program
applicable to some products. See grower assurance program for details.

 

 

 

 

 

 

 

 

 

 

7. PROHIBITED
ACTIVITIES

You
may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.

 

As
a user of the Site, you agree not to:

Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.

Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.

 

Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained
therein.

 

Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.

 

Use
any information obtained from the Site in order to harass, abuse, or harm
another person.

 

Make
improper use of our support services or submit false reports of abuse or
misconduct.

 

Use
the Site in a manner inconsistent with any applicable laws or regulations.

 

Engage
in unauthorized framing of or linking to the Site.

 

Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.

 

Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.

 

Delete
the copyright or other proprietary rights notice from any Content.

 

Attempt
to impersonate another user or person or use the username of another user.

 

Upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web
bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).

 

Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.

Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.

 

Attempt
to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.

Copy
or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.

Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.

 

Except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other
software.

 

Use
a buying agent or purchasing agent to make purchases on the Site.

 

 

 

 

 

Make
any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.

 

Use
the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.

 

Use
the Site to advertise or offer to sell goods and services.

 

Sell
or otherwise transfer your profile.

 

 

 

 

8.
USER GENERATED CONTRIBUTIONS

 

The
Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated in accordance with the Site Privacy Policy. When you create or
make available any Contributions, you thereby represent and warrant that:

The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.

 

You
are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users
of the Site to use your Contributions in any manner contemplated by the Site
and these Terms of Use.

 

You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Site and these
Terms of Use.

 

Your
Contributions are not false, inaccurate, or misleading.

 

Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.

 

Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).

 

Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

 

Your
Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.

 

Your
Contributions do not violate any applicable law, regulation, or rule.

 

Your
Contributions do not violate the privacy or publicity rights of any third party.

 

Your
Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors;

 

Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.

 

Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation. Any use
of the Site or the Marketplace Offerings in violation of the foregoing violates
these

 

 

 

Terms
of Use and may result in, among other things, termination or suspension of your
rights to use the Site and the Marketplace Offerings.

 

 

9. CONTRIBUTION
LICENSE

You
and Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your
choices (including settings).

 

By
submitting suggestions or other feedback regarding the Site, you agree that we
can use and share such feedback for any purpose without compensation to you.

 

We
do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights, or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your Contributions to the Site,
and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.

 

10. GUIDELINES
FOR REVIEWS

We
may provide you areas on the Site to leave reviews or ratings. When posting are
view, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.

 

We
may accept, reject, or remove reviews in our sole discretion. We have absolutely
no obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all
content relating to review.

 

11. SUBMISSIONS

You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions")
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that you
have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.

 

12. THIRD-PARTY
WEBSITES AND CONTENT

The
Site may contain (or you may be sent via the Site or the Marketplace Offerings)
links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the Third-Party Websites or
to user install any Third-Party Content, you do so at your own risk, and you
should be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other

 

 

 

companies,
and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on

 

 

Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us harmless from any
losses sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.

 

 

13. SITE
MANAGEMENT

We
reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site and the Marketplace Offerings.

 

 

14. PRIVACY
POLICY

We
care about data privacy and security. Please review our Privacy Policy: http://www.plantkindly.com/privacy. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site and the
Marketplace Offerings are hosted in the United States. If you access the Site
or the Marketplace Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your continued use of
the Site, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in the United
States.

 

15.
TERM AND TERMINATION

These
Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE AND THEMARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN
IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OFANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE ORPARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS ORDELETE

ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.

If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.

 

16. MODIFICATIONS
AND INTERRUPTIONS

We reserve
the right to change, modify, or remove the contents of the Site at any time or
for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to modify
or discontinue all or part of the Marketplace Offerings without notice at any
time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site or the Marketplace
Offerings.

 

We
cannot guarantee the Site and the Marketplace Offerings will be available at all
times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site or the Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site or
the Marketplace Offerings during any downtime or discontinuance of the Site or
the Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to
supply any corrections, updates, or releases in connection therewith.

 

 

 

 

17. GOVERNING LAW

These
Terms of Use and your use of the Site and the Marketplace Offerings are
governed by and construed in accordance with the laws of the State of Texas
applicable to agreements made and to be entirely performed within

 

the
State of Texas, without regard to its conflict of law principles.

 

18. DISPUTE
RESOLUTION

Informal
Negotiations

To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms of Use (each "Dispute" and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least sixty (60) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.

 

Binding
Arbitration

If
the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT ANDHAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at the AAA
website www.adr.org. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, we will pay all arbitration
fees and expenses. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will
take place in Denton County, Texas. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.

 

If
for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts
located in Denton County, Texas, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms of Use.

 

In
no event shall any Dispute brought by either Party related in any way to the
Site be commenced more than one (1) years after the cause of action arose. If
this provisions are found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.

 

Restrictions

The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c)there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.

 

Exceptions to
Informal Negotiations and Arbitration

The
Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.

 

 

 

19. CORRECTIONS

There
may be information on the Site that contains typographical errors, inaccuracies,
or omissions that may relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.

 

20. DISCLAIMER

THE
SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREETHAT YOUR USE OF
THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USETHEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES
OFMERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THECONTENT OF ANYWEBSITES LINKED TO THIS SITE AND WE WILL
ASSUMENO LIABILITY OR RESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES,
ORINACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY ORPROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESSTO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL
PERSONALINFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4)
ANYINTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SITE,(5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BETRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6)ANYERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FORANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USEOF
ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADEAVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, ORASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OROFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY
HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANYBANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR INANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEENYOUAND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. ASWITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUMOR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT ANDEXERCISE
CAUTION WHERE APPROPRIATE.

 

21. LIMITATIONS
OF LIABILITY

IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO

THEAMOUNT
PAID, IF ANY, BY YOU TO US

 

DURING
THE SIX (6) MONTH PERIODPRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE
LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONALRIGHTS.

 

 

22.
INDEMNIFICATION

You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:

(1)
use of the Site;

(2)
breach of these Terms of Use;

(3)
any breach of your representations and warranties set forth in these Terms of
Use;

(4)
your violation of the rights of a third party, including but not limited to
intellectual property rights; or

(5)
any overt harmful act toward any other user of the Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.

 

 

 

 

 

 

23. USER DATA

 

We
will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such data.

 

24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting
the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.

 

25. CALIFORNIA
USERS AND RESIDENTS

 

If
any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite
N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)445-1254.

 

26. MISCELLANEOUS

These
Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.

 

27. CONTACT US

In
order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:

PlantKindly

151
FM 407 E

Argyle,
TX 76226

United
States

PKshopify@PlantKindly.com