Terms of Use

 

These Terms of Use are effective as of January 26, 2017

 

The following terms of use constitute an agreement between you ("you") and PlanTruth (“PlanTruth,” “we,” or “us”), the operator of PlanTruth.com (the “Website”) on which these Terms of Use are posted or referenced. We invite you to access and use the Website and services offered therein (the “Services”). These terms of use (the “Terms of Use") govern your access to the Website and use of the Services, whether or not you have created an account.

 

BY USING OR OTHERWISE ACCESSING THE SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THESE TERMS OF USE. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN THE STATE OF NEW YORK. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles.  Any claim relating to your use of the Website  and these Terms of Use  is subject to exclusive jurisdiction and venue in the state or federal courts in the Borough of Manhattan, New York City, State of New York.  

By using the Website, you understand, acknowledge and agree that you will abide by the terms of these Terms of Use and any additional terms that govern certain products and/or services which may be presented in conjunction with the Services.

 

We do not recommend or endorse any particular insurance provider whose information, reviews, or ratings appear on our Website. Rather,  PlanTruth is only a “conduit” or intermediary that provides the aforementioned content regarding insurance providers. No content or other information contained on the Website should be construed as a recommendation or endorsement of a particular insurance provider. The content and other information on the Website include statements of opinion, which are not statements of fact or our recommendations to utilize the services of any specific insurance provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific insurance provider. The opinions expressed on the

 

Website are those of our users and not ours. We do not offer advice regarding the quality or suitability of any particular insurance provider. 

 

We reserve the right, at our sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. We will post any changes on this page (with the effective date of the update near the top of this page).We encourage you to check back and review these Terms of Use for any updates or modifications. After any such modification becomes effective, we will deem your continued use of our Website and Services to constitute your acceptance of, and agreement to, such modification.

 

OWNERSHIP OF INTELLECTUAL PROPERTY.

The contents of this Website,  including all Website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of PlanTruth and protected by copyright., The Website is to be used solely for your noncommercial, personal use and for no other purposes. No portion of the Website may be copied or replicated in any form without our written consent. For avoidance of doubt, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party or otherwise use, any Material without our express prior written consent. 

 

LINKS TO OTHER WEBSITES

 

While visiting the Website and using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.

RULES OF CONDUCT.

 

Your use of the Website  is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in connection with or arise from your use of the Website.

 

CONTENT YOU POST OR SUBMIT

 

You will have the opportunity to submit feedback regarding your experiences with insurance providers and/or to participate in the other interactive or community features of the Site (if any) (collectively, “Posted Information”).

 

We reserve the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including without limitation, removing any offending communication from the Website  and blocking your use of the Services.

By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.

With respect to Your Posted Information, You represent, warrant and covenant that:

 

  1. If your Posted Information concerns insurance provider, your Posted Information will be true and accurate, will be the original work of your authorship, only concern or relate to the service that you, your minor child or your ward received from the insurance provider being reviewed, that you are not related to or employed by the insurance provider being reviewed and that you are not impersonating any other person;

 

  1. If You are an insurance provider submitting or editing any content, your Posted Information will be true and accurate, will be the original work of your authorship, you are the insurance provider specifically identified in the content being submitted or edited, and your Posted Information will only concern you and the services that you provide.

 

  1. Your Posted Information will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, disparage or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Posted Information may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, (viii) are deemed confidential by any contract or policy, or (ix) promote violence, firearms, ammunition, or weapons.

 

Posted Information  does not reflect our views and we do not represent or guarantee the truthfulness, accuracy or reliability of any Posted Information or endorse or support any opinions expressed in any Posted Information. We do not control any Posted Information submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Posted Information in order to prevent unauthorized content from appearing and being displayed on our Site. We reserve the right to review, monitor, edit and/or screen any Posted Information and to delete, remove, move, re-format, edit or reject, without notice to you, any Posted Information that we deem, in our sole discretion, to be in violation of these Terms of Use  or to be unacceptable to us, or for any reason or for no reason whatsoever; provided, however, that we  shall have no obligation or liability for failure to do so or for doing so in any particular manner.

 INDEMNIFICATION.

You agree to indemnify, defend and hold PlanTruth, and any of its officers, directors, employees, agents, representatives, and licensors harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may reasonably request. .

DISCLAIMER AND LIMITATIONS OF LIABILITY.

THIS WEBSITE, SERVICES AND ALL MATERIALS, GOODS AND SERVICES AND POSTED INFORMATION ARE  MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. You understand, acknowledge and agree that, to the fullest extent permissible by law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Website , including, without limitation, Posted Information and any and all materials associated with your use of the Website.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, ITS OWNERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, , SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE WEBSITE OR THESE TERMS OF USE , INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND WE DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THESE TERMS OF USE OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.

WAIVER

 

No delay or omission by us to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

 

SEVERABILITY

 

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

 

INDEPENDENT CONTRACTOR

 

We are an independent contractor; nothing in these Terms of Use  shall be construed to create a partnership, joint venture, or agency relationship between you and us.

 

ENTIRE AGREEMENT

 

These Terms of Use  constitutes the entire agreement between you and us with respect to your use of the Website and the Services  and supersedes any and all prior understandings or agreements between you and us, whether written or oral. You acknowledge that, in providing you access to and use of the Website and the Services,  we have  relied on your acceptance of these Terms of Use. Failure to insist on strict performance of any provisions of these Terms of use will not constitute a waiver of any breach or failure of performance.