Terms and Conditions for Membership of the
Plantfinderpro Member-Only Network
Last updated on October 14, 2016
Plantfinderpro LLC (“Plantfinderpro”) is pleased to offer an exclusive member-only network agreement (this “Membership Agreement”) to its high-volume customers (“You”), in accordance with the terms and conditions contained in this Membership Agreement.
Plantfinderpro operates an exclusive member-only network that provides You, its high-volume customers, with certain promotions, discounts, e-commerce offers, and/or deals, in exchange for an annual membership fee (the “Network”). The promotions, discounts, e-commerce offers, and/or deals provided under this Membership Agreement may change at any time in Plantfinderpro’s sole and exclusive discretion. All products and services described in this Membership Agreement, as well as any other products and services offered by Plantifinderpro at any time shall be defined herein as “Service” or “Services”.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Plantfinderpro agrees to allow only a single member to join the Network per defined market area for each Service category. Available Service categories are defined below. Plantfinderpro shall have the sole and exclusive discretion to determine the defined market areas. As of the date of the last update of this Membership Agreement, a market area shall be defined as a single city or municipality with a population of up to 250,000 in its metropolitan area. For cities or municipalities with a metropolitan greater than 250,000, Plantfinderpro is permitted to designate multiple defined areas, which will be specified by Plantfinderpro at the time of Your joining the Network. For any county or parish that does not contain a metropolitan area having a population of at least 100,000, Plantfinderpro will designate and allow only one membership for such county in each Service category.
Network membership subscriptions will be for a period of one-year from the initial Network subscription date. Any renewals will also be for a one-year term. Any then-current member will have the first right of refusal on renewing its membership for its market area in its Service category. Plantfinderpro reserves the right, in its sole and exclusive discretion to change the annual membership subscription fee for any market area and/or Service category at the time for renewal of the subscription. This will generally apply only to market areas with high sales inquiries.
Plantfinderpro cannot and does not guarantee the quantity or quality of the leads generated. Plantfinderpro cannot and does not guarantee the level or amounts of revenue You may obtain from the sales inquiries generated by Your network membership. Once You sign up or renew an annual membership subscription and pay Your membership fee, the fee is earned by Plantfinderpro and is not refundable under any circumstances.
THE SERVICES INCLUDED IN THE NETWORK OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS MEMBERSHIP AGREEMENT ARE PROVIDED BY PLANTFINDERPRO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PLANTFINDERPRO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NETWORK OR THIS MEMBERSHIP AGREEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR MEMBERSHIP IN THE NETWORK IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANTFINDERPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLANTFINDERPRO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR MEMBERSHIP IN THE NETWORK OR AGREEMENT TO THIS MEMBERSHIP AGREEMENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to the Network or this Membership Agreement, or to any other Services provided by Plantfinderpro, will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Membership Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Plantfinderpro’s registered agent Streetman Law, 1906 North Tampa Street, Suite 200, Tampa, Florida 33602-2133. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Hillsborough County, Florida or at another mutually agreed location.
You and Plantfinderpro each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration You and Plantfinderpro each waive any right to a jury trial. You and Plantfinderpro also both agree that Plantfinderpro may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By joining the Network, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the Network, this Membership Agreement, and any dispute of any sort that might arise between you and Plantfinderpro.