TERMS OF SERVICE
APPlenty, Inc. ensures that How’s my plant?TM software (the “Software”) incorporates all necessary functionality and settings to ensure adherence to GDPR Privacy. The Software is operated and owned by APPlenty, Inc., a Delaware Corporation, and contains material which is derived in whole or in part from material supplied by APPlenty, Inc. and other sources, and is protected by copyright and trademark and intellectual property laws. All rights, including copyright, in the content of the Software are owned or controlled for these purposes by APPlenty, Inc. and its subsidiary companies or affiliate or licensors. Access to and use of the Software is subject to the following Terms and Conditions.
Disclaimer of Warranties
You expressly understand and agree that your use of the Service/Content provided by the Software is at your sole responsibility of risk. The Service/Content is provided on an “AS IS” and “AS AVAILABLE” basis. APPlenty, Inc. and its affiliates expressly disclaim, override and exclude all warranties of any kind, whether express or implied, arising by law, custom, prior oral or written statements by APPlenty, Inc., including, but not limited to any warranty and condition of merchantability, fitness for a particular purpose and non-infringement. APPlenty, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any member communications or personalization setting. In order to use the Service, you must obtain access to the World Wide Web, either through mobile network data transfer (e.g. GPRS/EDGE/3G etc.) or other wireless internet service (e.g. WiFi), and be responsible for any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a mobile phone and other access device. APPlenty, Inc. makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and/or (e) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Software is done at your own discretion and risk and that you will be solely responsible for any damage to your phone system or loss of data that results from the download of any such material.
You reserve the right to terminate the use of Software at any time. APPlenty, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that APPlenty, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of that Service.
Public Content posted or distributed on the Software
You acknowledge that the Software does not pre-screen Content, but that APPlenty, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or (re)move any Content that is available via the Software. Without limiting the foregoing, APPlenty, Inc. and its designees shall have the right to remove any Content that violates the Terms of Services or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You agree not to reproduce, duplicate copy, sell, resell or exploit for any commercial purposes, of any portion of the Service/ Content, use of the Service/ Content, or access to the Service/ Content provided by the Software.
Special Note regarding Federal/State Law Conflict
Federal law currently prohibits the possession, delivery or manufacture (growing) of marijuana, including the inchoate offenses of conspiring, attempting or soliciting others to do so. However, the United States Department of Justice has provided guidance to federal prosecutors explaining that in those states which have legalized the possession, delivery and manufacture of marijuana for medical or adult use, discretion to not use administrative, civil or criminal enforcement remedies to enforce the Federal Controlled Substances Act ought be exercised, so long as the state’s laws address 8 areas of federal concern and are robustly enforced. If you live in a jurisdiction where the growing of limited amounts of marijuana for personal use is permitted, you agree to only use the Software within such jurisdictions and in strict compliance with applicable state laws. APPlenty, Inc. disclaims any warranties or representations that your compliance with state laws will prevent federal enforcement of the Controlled Substances Act against you. You agree to not use Software in any way that would violate the Federal Controlled Substance Act. As with other media which facilitates cultivation and distribution, APPlenty, Inc. intends Software to be informational only and disclaims any liability for your use of it.