TERMS OF USE
Website Terms of Use
The Medicinal Plants website located at https://medicinalplantsnames.blogspot.com/ is a copyrighted work belonging to Medicinal Plants Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and
rules are incorporated by reference into these Terms.
These Terms of Use described the legally
binding terms and conditions that oversee your use of the Site. BY LOGGING
INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that
you have the authority and capacity to enter into these Terms. YOU SHOULD
BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE
PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration
Section 10.2 on an individual basis to resolve disputes and also limit the
remedies available to you in the event of a dispute. These Terms of Use were
created with the help of the Terms Of Use Generator and the Privacy
Policy Sample.
Access to the Site
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Site solely for your
own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these
Terms are subject to the following restrictions: (a) you shall not sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit
the Site; (b) you shall not change, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website; and (d)
except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on
the Site must be retained on all copies thereof.
Company reserves the right to change, suspend,
or cease the Site with or without notice to you. You approved that
Company will not be held liable to you or any third-party for any change, interruption,
or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no
obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may
provide, you are aware that all the intellectual property rights, including
copyrights, patents, trademarks, and trade secrets, in the Site and its content
are owned by Company or Company’s suppliers. Note that these Terms and access
to the Site do not give you any rights, title or interest in or to any
intellectual property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not granted in these
Terms.
User Content
User Content. "User Content" means any and
all information and content that a user submits to the Site. You are
exclusively responsible for your User Content. You bear all risks associated
with use of your User Content. You hereby certify that your User Content
does not violate our Acceptable Use Policy. You may not represent or
imply to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User Content,
you may expose yourself to liability. Company is not obliged to backup any User
Content that you post; also, your User Content may be deleted at any time
without prior notice to you. You are solely responsible for making your own
backup copies of your User Content if you desire.
You hereby grant to Company an irreversible,
nonexclusive, royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of,
incorporate into other works, and otherwise use and exploit your User Content,
and to grant sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site. You hereby irreversibly waive
any claims and assertions of moral rights or attribution with respect to your
User Content.
Acceptable Use Policy. The following terms constitute our
"Acceptable Use Policy": You agree not to use the Site to collect,
upload, transmit, display, or distribute any User Content (i) that violates any
third-party right or any intellectual property or proprietary right; (ii) that
is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii)
that is harmful to minors in any way; or (iv) that is in violation of any law,
regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload,
transmit, or distribute to or through the Site any software intended to damage
or alter a computer system or data; (ii) send through the Site unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv) interfere
with, disrupt, or create an undue burden on servers or networks connected to
the Site, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password
mining or any other means; (vi) harass or interfere with any other user’s use and
enjoyment of the Site; or (vi) use software or automated agents or scripts to
produce multiple accounts on the Site, or to generate automated searches,
requests, or queries to the Site.
We reserve the right to review any User
Content, and to investigate and/or take appropriate action against you in our
sole discretion if you violate the Acceptable Use Policy or any other provision
of these Terms or otherwise create liability for us or any other person. Such
action may include removing or modifying your User Content, terminating your
Account in accordance with Section 8, and/or reporting you to law enforcement
authorities.
If you provide Company with any feedback or
suggestions regarding the Site, you hereby assign to Company all rights in such
Feedback and agree that Company shall have the right to use and fully exploit
such Feedback and related information in any manner it believes
appropriate. Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary.
You agree to indemnify and hold Company and
its officers, employees, and agents harmless, including costs and attorneys’
fees, from any claim or demand made by any third-party due to or arising out of
(a) your use of the Site, (b) your violation of these Terms, (c) your violation
of applicable laws or regulations or (d) your User Content. Company
reserves the right to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate with our
defense of these claims. You agree not to settle any matter without the
prior written consent of Company. Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to
third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the control
of Company, and Company is not responsible for any Third-Party Links & Ads.
Company provides access to these Third-Party Links & Ads only as a
convenience to you, and does not review, approve, monitor, endorse, warrant, or
make any representations with respect to Third-Party Links & Ads. You
use all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of
its own User Content. Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are
under no obligation to become involved.
You hereby release and forever discharge the
Company and our officers, employees, agents, successors, and assigns from, and
hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site. If you
are a California resident, you hereby waive California civil code section 1542
in connection with the foregoing, which states: "a general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Medicinal
Plants uses ‘cookies’. These
cookies are used to store information including visitors’ preferences, and the
pages on the website that the visitor accessed or visited. The information is
used to optimize the users’ experience by customizing our web page content
based on visitors’ browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on
our site. It also uses cookies, known as DART cookies, to serve ads to our site
visitors based upon their visit to www.website.com and other sites on the
internet. However, visitors may choose to decline the use of DART cookies by
visiting the Google ad and content network Privacy Policy at the following URL
– https://policies.google.com/technologies/ads
Our Advertising Partners. Some of advertisers on our site may use
cookies and web beacons. Our advertising partners are listed below. Each of our
advertising partners has their own Privacy Policy for their policies on user
data. For easier access, we hyperlinked to their Privacy Policies below.
- Google
https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an "as-is"
and "as available" basis, and company and our suppliers expressly
disclaim any and all warranties and conditions of any kind, whether express,
implied, or statutory, including all warranties or conditions of merchantability,
fitness for a particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site
will meet your requirements, will be available on an uninterrupted, timely,
secure, or error-free basis, or will be accurate, reliable, free of viruses or
other harmful code, complete, legal, or safe. If applicable law requires
any warranties with respect to the site, all such warranties are limited in
duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion
of implied warranties, so the above exclusion may not apply to you. Some
jurisdictions do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no
event shall company or our suppliers be liable to you or any third-party for
any lost profits, lost data, costs of procurement of substitute products, or
any indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use
the site even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and
risk, and you will be solely responsible for any damage to your device or
computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law,
notwithstanding anything to the contrary contained herein, our liability to you
for any damages arising from or related to this agreement, will at all times be
limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more
than one claim will not enlarge this limit. You agree that our suppliers
will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms
will remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for any reason at
our sole discretion, including for any use of the Site in violation of these Terms.
Upon termination of your rights under these Terms, your Account and right to
access and use the Site will terminate immediately. You understand that
any termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not
have any liability whatsoever to you for any termination of your rights under
these Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2 through
2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of
others and asks that users of our Site do the same. In connection with
our Site, we have adopted and implemented a policy respecting copyright law
that provides for the removal of any infringing materials and for the
termination of users of our online Site who are repeated infringers of
intellectual property rights, including copyrights. If you believe that
one of our users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you
claim to have been infringed;
- identification of the material on our services that you
claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such
material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use
of the objectionable material is not authorized by the copyright owner,
its agent, or under the law; and
- a statement that the information in the notification is
accurate, and under penalty of perjury, that you are either the owner of
the copyright that has allegedly been infringed or that you are authorized
to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. §
512(f), any misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any damages,
costs and attorney’s fees incurred by us in connection with the written
notification and allegation of copyright infringement.
General
These Terms are subject to occasional
revision, and if we make any substantial changes, we may notify you by sending
you an e-mail to the last e-mail address you provided to us and/or by
prominently posting notice of the changes on our Site. You are
responsible for providing us with your most current e-mail address. In
the event that the last e-mail address that you have provided us is not valid
our dispatch of the e-mail containing such notice will nonetheless constitute
effective notice of the changes described in the notice. Any changes to
these Terms will be effective upon the earliest of thirty (30) calendar days
following our dispatch of an e-mail notice to you or thirty (30) calendar days
following our posting of notice of the changes on our Site. These changes
will be effective immediately for new users of our Site. Continued use of
our Site following notice of such changes shall indicate your acknowledgement
of such changes and agreement to be bound by the terms and conditions of such
changes. Dispute Resolution. Please read this Arbitration Agreement carefully.
It is part of your contract with Company and affects your rights. It
contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION
WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection
with the Terms or the use of any product or service provided by the Company
that cannot be resolved informally or in small claims court shall be resolved
by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings shall be held in English. This Arbitration Agreement applies
to you and the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the
Terms.
Notice Requirement and Informal Dispute
Resolution. Before either
party may seek arbitration, the party must first send to the other party a
written Notice of Dispute describing the nature and basis of the claim or
dispute, and the requested relief. A Notice to the Company should be sent
to: Medicinal Plants. After the Notice is received, you and the Company may attempt
to resolve the claim or dispute informally. If you and the Company do not
resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of
any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award to which
either party is entitled.
Arbitration Rules. Arbitration shall be initiated through
the American Arbitration Association, an established alternative dispute
resolution provider that offers arbitration as set forth in this section.
If AAA is not available to arbitrate, the parties shall agree to select an
alternative ADR Provider. The rules of the ADR Provider shall govern all
aspects of the arbitration except to the extent such rules are in conflict with
the Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in
a location within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of
the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs and disbursements arising
out of the arbitration and shall pay an equal share of the fees and costs of
the ADR Provider.
Additional Rules for Non-Appearance Based
Arbitration. If non-appearance-based
arbitration is elected, the arbitration shall be conducted by telephone, online
and/or based solely on written submissions; the specific manner shall be chosen
by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations and
within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator
will decide the rights and liabilities of you and the Company, and the dispute
will not be consolidated with any other matters or joined with any other cases
or parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the
authority to award monetary damages, and to grant any non-monetary remedy or
relief available to an individual under applicable law, the AAA Rules, and the
Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award
is based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved
by arbitration under this Arbitration Agreement. Arbitration procedures
are typically more limited, more efficient and less expensive than rules
applicable in a court and are subject to very limited review by a court.
In the event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope
of this arbitration agreement must be arbitrated or litigated on an individual
basis and not on a class basis, and claims of more than one customer or user
cannot be arbitrated or litigated jointly or consolidated with those of any
other customer or user.
Confidentiality. All aspects of the arbitration
proceeding shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the rights and limitations
set forth in this Arbitration Agreement may be waived by the party against whom
the claim is asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive
the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or
the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may
seek emergency equitable relief before a state or federal court in order to
maintain the status quo pending arbitration. A request for interim
measures shall not be deemed a waiver of any other rights or obligations under
this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade
secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing
Arbitration Agreement permits the parties to litigate in court, the parties
hereby agree to submit to the personal jurisdiction of the courts located
within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control
laws and may be subject to export or import regulations in other countries. You
agree not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
Company is located at the address in Section
10.8. If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and
Company use electronic means, whether you use the Site or send us emails, or
whether Company posts notices on the Site or communicates with you via email.
For contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal obligation that such communications
would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our failure to
exercise or enforce any right or provision of these Terms shall not operate as
a waiver of such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any
provision of these Terms is held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Company is that of
an independent contractor, and neither party is an agent or partner of the
other. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our
Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved.
All trademarks, logos and service marks displayed on the Site are our property
or the property of other third-parties. You are not permitted to use these
Marks without our prior written consent or the consent of such third party
which may own the Marks.
Contact Information
Address: Medicinal Plants
Email: hbreddy1@gmail.com,
Tele phone no:+917989251002.
