Terms of Use

1. PREAMBLE

PLEASE READ THESE TERMS OF USE AND ANY MENTIONED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY PLANT WORLD MARKETPLACE, LLC. ("PLANT WORLD"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT PLANTWORLDSHOP.COM or WEAREPLANTWORLD.COM(HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE "SITE") AND ALL SERVICES PROVIDED BY PLANT WORLD ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY PLANT WORLD, AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN. BY USING THE SITE AND SERVICES OFFERED BY PLANT WORLD YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

2. Plant World is a Marketplace/Venue

Plant World acts as a marketplace/venue to allow users who comply with Plant World's Terms of Use and policies to offer, sell and buy plants and related merchandise from other users. While Plant World has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. Plant World also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. Plant World encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, Plant World is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on Plant World. YOU USE THE PLANT WORLD SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 17 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 12), LIMITATION ON LIABILITIES (SECTION 13) AND INDEMNITIES (SECTION 16) BELOW.

3. Membership

(A) Age: Plant World is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, Plant World's services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Plant World may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Plant World's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities. (B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Plant World's policies as stated in the Terms of Use as well as all other Community Rules, policies and procedures that may be published from time to time on the Site by Plant World, each of which is incorporated herein by reference and each of which may be updated by Plant World from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Plant World from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference. (C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Plant World of any unauthorized use of your password or any breach of security. You also agree that Plant World cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than Plant World without Plant World's express written permission. (D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Plant World you must provide and maintain valid payment information such as valid credit card information, and contact information. (E) Account Transfer: You may not transfer or sell your Plant World account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. (F) Right to Refuse Service: ACCESS TO PLANT WORLD’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT PLANT WORLD’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS PLANT WORLD’S SITE. Plant World will terminate any user who it determines is providing services competitive to Plant World through the Site. Plant World's services, and all accesses to the Site, are not available to temporarily or indefinitely suspended Plant World members. Additionally, Plant World reserves the right, in Plant World's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use or Community Rules. Generally, Plant World will notify you that your account has been disabled, deactivated, or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

4. Fees and Services

Joining and setting up a shop on Plant World is free. Plant World does not charge fees to list an item for sale. Plant World does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Plant World’s Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for Plant World's services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. Plant World may also choose to temporarily change the Billing Policy and the fees for Plant World's services for promotional events (for example, free listing days); such changes are effective when Plant World posts the temporary promotional event on the Site or otherwise notifies you of the change. Fees and Termination: If Plant World terminates a listing or your account, if you close your account, or if the payment of your Plant World fees cannot be completed for any reason, you remain obligated to pay Plant World for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT PLANT WORLD MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST PLANT WORLD FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact Plant World.

5. Content License

(A) Your Content: Plant World does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant Plant World a license solely to enable Plant World to use any information or Content you supply Plant World with, so that Plant World is not violating any rights you might have in that Content. You grant Plant World a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate Plant World's ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Plant World to store or re-format your Content on Plant World and display your Content on Plant World in any way as Plant World chooses. Plant World can also use any transactional information including sale date and final price for sales completed on Plant World as it sees fit. (B) Personal Information: Plant World will only use personal information in accordance with Plant World's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Plant World user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Plant World-related communications. Plant World has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Plant World user to your email or physical mail list. For more information, see Plant World’s Privacy Policy. (C) Re-Posting Content: By posting Content on Plant World, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold Plant World harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own Plant World-hosted image on another website, the image must provide a link back to its listing page on Plant World. (D) Idea Submissions: Plant World considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Plant World shall not be liable for the disclosure or use of such Material. If, at Plant World's request, any member sends Material to improve the site (for example through customer support), Plant World will also consider that Material to be non-confidential and non-proprietary and Plant World will not be liable for use or disclosure of the Material. Any communication by you to Plant World is subject to this Agreement. You hereby grant and agree to grant Plant World, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

6. Information Control

Plant World does not control the Content provided by users that is made available on Plant World. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Plant World users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Plant World, you agree to accept such risks and expressly agree that Plant World (and Plant World's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Plant World. Please use caution, common sense, and practice safe buying and selling when using Plant World. Other Resources: Plant World is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Plant World does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Plant World shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

7. Layaway

Plant World does not support layaway transactions. If you engage in an offsite layaway plan, Plant World will mark the item as paid and the seller will be solely responsible for tracking and enforcing the order.

8. Email, Text and Fax Communications

By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with Plant World and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from Plant World. You hereby expressly consent to communications of any kind from Plant World to the fullest extent permissible by law. When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to Plant World. Please note that some changes to your account settings may take a few days to take effect.

9. Plant World's Intellectual Property

Plant World, and other Plant World graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Plant World or its affiliated companies in the U.S. and/or other countries. Plant World's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Plant World.

10. Access and Interference

Plant World may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Plant World is updated on a real-time basis and is proprietary or is licensed to Plant World by Plant World's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Plant World for any purpose whatsoever, except to the extent expressly permitted by Plant World with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in Plant World's sole discretion, an unreasonable or disproportionately large load on Plant World's infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass Plant World's robot exclusion headers or other measures Plant World may use to prevent or restrict access to Plant World.

11. Breach of Plant World Terms of Use and Policies

Without limiting its legal recourse or any other remedies, Plant World may, without notice, and without refunding any fees, delay or immediately remove Content, warn Plant World's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) Plant World suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Community Rules or other policies and community guidelines incorporated herein; (b) Plant World is unable to verify or authenticate any of your personal information or Content; (c) Plant World believes that a user is acting inconsistently with the letter or spirit of Plant World's Community Rules or policies; or (d) Plant World believes a user has engaged in improper or fraudulent activity in connection with Plant World or the actions may cause legal liability or financial loss to Plant World's users or to Plant World. Notwithstanding the foregoing, Plant World retains the right to suspend or terminate a user should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use or Community Rules. Use of the Site is a privilege, not a right.

12. No Warranty

PLANT WORLD IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK. PLANT WORLD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE PLANT WORLD’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. PLANT WORLD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PLANT WORLD SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT SHALL PLANT WORLD, AND (AS APPLICABLE) PLANT WORLD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PLANT WORLD’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PLANT WORLD’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PLANT WORLD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PLANT WORLD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD PLANT WORLD AND (AS APPLICABLE) PLANT WORLD'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, THE COMMUNITY RULES OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

15. No Guarantee of Continuous Service

Plant World does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside Plant World's control.

16. Copyright Policy & Intellectual Property Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact Plant World.

17. Plant World Sites

By utilizing Plant World Sites, you acknowledge that Plant World is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the Plant World Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your Plant World Site.

18. Plant World Integrations

Your use of Plant World Integrations indicates your assent to Plant World’s Terms and Policies contained herein. By utilizing Plant World Integrations, you acknowledge that Plant World is providing an integration of the PlantWorldShop.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing Plant World Integrations. While Plant World is providing Plant World Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the Plant World Integrations user. You hereby waive any and all claims against Plant World, its officers, directors, employees and agents related to the use, maintenance, design and content of your Plant World Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your Plant World Integration(s). You further agree to indemnify and hold Plant World harmless for any third party claims or complaints associated with your use of Plant World Integration(s). Plant World Integrations are provided “as is” and with all faults. DO NOT UTILIZE PLANT WORLD INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.

19. Your Responsibility for Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Plant World service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Plant World's net income). This includes sales and/or use taxes applicable in each jurisdiction, depending on the threshold required for collection. This responsibility may include applicable customs and fees for import and export sales; Plant World assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through Plant World. For seller income tax purposes, as of January 1, 2022, if you receive $600 or more in gross sales through the site, exclusive of Plant World's fees, you will receive a Form 1099-K from Plant World and may be obligated to pay federal or state tax on your taxable income. Plant World is not responsible, in any manner, for paying taxes on your earnings or your use of the Site. Plant World cannot provide tax advice. Please contact your tax professional to determine whether or not you have a tax liability.

20. Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read: WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov. WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov. We encourage all Plant World users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on Plant World. You agree to indemnify and hold Plant World harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

21. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

22. No Agency

You and Plant World are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

23. Modification of Service or Terms and Policies

Plant World reserves the right to modify or terminate the Plant World service for any reason, without notice, at any time, to the maximum extent permitted by law. Plant World reserves the right to alter these Terms of Use, including the Privacy Policy, the Community Rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.

24. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Texas, excluding its conflicts of laws rules, and the United States of America.

25. Survival

All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.

26. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Plant World; Attn: Legal Department; 10612 Marias River Drive, Austin, TX 78748 (in the case of Plant World) or, in your case, to the email address you provide to Plant World (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, Plant World may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Plant World. In such case, notice shall be deemed given three days after the date of mailing.

27. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue

(A) JAMS: In the event a dispute arises between you and Plant World, please contact Plant World. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Travis County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. (B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate. (C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. (D) Limitations Period: You and Plant World agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. (E) Intra-User Disputes and EU Dispute: In the event that you have a dispute with another Plant World user or third party, we encourage you to contact the other party and try to resolve the dispute directly. Should you have a dispute with one or more users, or an outside party, YOU RELEASE PLANT WORLD (AND PLANT WORLD'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. Plant World encourages users to report any unlawful activity to your local law enforcement, and to use a certified mediation or arbitration entity, as applicable. For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located https://ec.europa.eu/consumers/odr/. Sellers will be obliged to provide their email address in order to use the ODR platform. (F) Order Disputes: Issues related to transactions on Plant World can usually be resolved via direct communication between the buyer and the seller. If a buyer and seller are unable to resolve a dispute, Plant World, may be able to help. You can find more details about when Plant World may be able to assist in the Community Rules policies for Buyers and Sellers. Plant World does so in Plant World's sole discretion, and Plant World has no obligation to resolve disputes between users or between users and outside parties. To the extent that Plant World attempts to resolve a dispute, Plant World will do so in good faith based solely on Plant World's policies. IN THE EVENT PLANT WORLD INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE PLANT WORLD (AND PLANT WORLD'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE. If you are a party to a dispute, Plant World may contact you while attempting to resolve the dispute. If you do not respond to Plant World's inquiry regarding a dispute within forty-eight (48) hours, Plant World reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you. (G) Feedback: PLANT WORLD WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF PLANT WORLD POLICIES AS DETERMINED BY PLANT WORLD IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK. (H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE PLANT WORLD (AND PLANT WORLD'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.

28. Community Rules | Buyers

Plant World was built for all plant lovers everywhere. We have worked hard to foster a friendly, passionate, and accepting community of buyers and sellers from all backgrounds and we are committed to ensuring that Plant World continues to be a place where all plant lovers feel welcome to explore, buy, sell, and find inspiration. There are legal standards, and then there are the rules of the community. With that in mind, we’ve created the following community guidelines. With every decision, we keep our entire community—including their cultural differences and opinions—in mind. While some situations may fall outside of what we’ve defined below, every decision will be made in alignment with our belief that anyone who wants to buy or sell on Plant World should feel safe and empowered to do so. In general, we want our buyers and sellers to be kind, friendly, and honest and treat all members of our community with dignity and respect. 1. Plant World Code of Conduct Plant World respectfully requires that all users of its sites adhere to the following Code of Conduct as a prerequisite to being a member of the Plant World community. - Always adhere to Plant World’s Terms of Use. - Only use the platform if you are over 18 years old or have the supervision of an adult or guardian who is over 18 years old. - You are solely responsible for your conduct and activities on and regarding to Plant World and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Plant World. - Your Content and your use of Plant World shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. - You shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. - You shall not violate any applicable law, statute, ordinance or regulation. - You shall not sell items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall. - Do not use a fake identity. - Do not create a new or alternate account to avoid restrictions or limitations imposed on another account. - Do not interfere with another users’ business or listing(s). - Do not take any transaction off-site, nor encourage anyone to engage in any offsite transaction of any kind. - Do not share your personal contact or financial information, including phone number, address, email, social media handles, external URLs, banking information, etc., with another Plant World user or in any public areas of the site, except as required by law, or as directed by Plant World. - Do not make false claims about other users. - Always treat other users with respect. - Do not make threats against Plant World or its staff. - Always treat the Plant World team with respect. - Always provide accurate personal and contact information in your Plant World account. - Do not engage in any illegal activity, including the infringement of intellectual property, listing items that do not exist or you do not own, shipping items that are different from your listing or the applicable order, money laundering or other forms of fraud. - Do not engage in discrimination or hate speech of any kind including adverse references to any Protected Class. Protected Classes on Plant World include: age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law. - Do not use the platform to engage in threats of violence or to encourage violence in any manner. - Do not use the platform to harass, impersonate or intimidate other users. - Do not use the site to engage in the transmission of pornography or any obscene materials. Your access to any and all Plant World websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Plant World user. Determinations will be made at the sole discretion of Plant World and may be implemented without warning or the ability to cure. 2. Payments If you buy an item on Plant World, you are obligated to pay for the item that was sold, or one of the series, in a reasonable period of time after the sale. You are solely responsible for payment. You expressly agree that Plant World may charge your credit card, or any other method of payment, on file for any and all payments advanced or made or refunds issued due to your failure to make payment on an order. You hereby waive any and all claims against Plant World for exercising this right. Plant World does not accept payment for items over the phone. 3. Off-Site Transactions/Void Transactions/Fee Avoidance No sales may be carried out via private message as a means to avoid Plant World's sales fee or applicable taxes. Any other efforts to move sales initiated on Plant World off-site to avoid fees are strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Plant World's policies or protections. Plant World reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. Plant World further reserves the right to charge a selling fee upon finding any express intent to move a transaction off-site. You waive any and all claims against Plant World for any fees listed in this section. 4. Waiver of Claims You acknowledge that Plant World is only a marketplace that provides a digital connection for users. Plant World is not a party to the actual transaction. You expressly waive and release Plant World (and Plant World's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the failure of a user to complete a sale, including a failure by the seller to ship at all or to ship within the stated time period (i.e. Two Day Shipping). 5. Order Issues, Cancellations, Returns and Refunds Generally, if you're looking to cancel, return or get refunded for an item you purchased on Plant World, the first step is to contact the seller. Depending on the nature of the return or cancellation the seller may ask you to request a refund or may initiate the cancellation themselves. Cancellations must follow Plant World’s policy, including our anti-discrimination policy Additionally, each seller sets their own shop policies regarding things like refunds and returns, and any issues will be governed initially by the seller's refund policy. If you've reached out to the seller and haven't heard back, or if you're unable to resolve your issue, Plant World may be able to help. Generally, Plant World can assist with unresolved order issues where the item is not delivered or not as described (i.e. the item received is significantly different from the listing description based on appearance, condition, etc). However, there are some important details to note for specific situations: If an item arrives not as described, it is within the seller's discretion whether or not to issue a partial refund, pay for a repair or, instead, to require that the item be returned for a full refund. If an item was lost or damaged in transit, and the item was sent with a third party, non-Plant World label, the seller should work directly with the shipping carrier to file a claim. Plant World may attempt to resolve disputes in Plant World's sole discretion, and Plant World has no obligation to resolve disputes between users and outside parties. To the extent that Plant World attempts to resolve a dispute, Plant World will do so in good faith based solely on Plant World's policies, and you understand that Plant World may use your personal information for the purpose of resolving a dispute. 6. Plant World Code of Ethics OVERVIEW Plant World was created for all plant lovers. To support the incredibly diverse group of plant lovers who use our marketplace, we encourage plant lovers of all backgrounds to join the site. We believe that the passion and diversity our users bring to the Plant World community helps us all grow stronger as we learn and grow together. One of Plant World’s central tenets is also creating an overall environment where all plant lovers feel safe and welcome. As a user of Plant World’s online platforms, you serve as an extension of the Plant World brand and an individual ambassador to, as well as a member of, our community. To the extent you become a volume buyer, seller, or both, on the platform, your name will be synonymous with Plant World and people will associate you with our name. We take this responsibility seriously and we hope you will, too. As a result, we’ve outlined below several of Plant World’s brand standards that you agree to uphold as a member of the Plant World community. These guidelines aren’t meant to stifle self-expression or creativity—we welcome all the unique talent and creativity you bring to the table. However, as a brand that values inclusivity, authenticity, and the right for every plant lover to feel welcome on our platform, it's important that our users uphold similar values on- and -off the platform. GUIDELINES Plant World does not support content on or off its platform from users who: - Promote or glorify hatred towards people based on: age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law (“Protected Classes”) - Promote or glorify current or historical hate groups, including their iconography, such as: neo-Nazi groups, the Ku Klux Klan, the Confederate flag, white supremacist organizations, anti-semitic organizations, misogynist organizations, anti-LGBTQ organizations or anti-immigration organizations (collectively “Hate Groups”) - Use racial slurs or words or terms denigrating Protected Classes or supporting the Hate Groups listed above TERMINATION OF A USER ACCOUNT At any time and for any reason, Plant World can choose to terminate the relationship between a Plant World and a user for violations of this Code of Ethics. By using the Plant World platform, you agree to the terms of this Code of Ethics.

29. Community Rules | Sellers

Plant World was built for all plant lovers everywhere. We have worked hard to foster a friendly, passionate, and accepting community of buyers and sellers from all backgrounds and we are committed to ensuring that Plant World continues to be a place where all feel welcome to explore, buy, sell, and find inspiration. There are legal standards, and then there are the rules of the community. With that in mind, we’ve created the following community guidelines. With every decision, we keep our entire community—including their cultural differences and opinions—in mind. While some situations may fall outside of what we’ve defined below, every decision will be made in alignment with our belief that anyone who wants to buy or sell on Plant World should feel safe and empowered to do so. In general, we want our buyers and sellers to be kind, friendly, and honest and treat all members of our community with dignity and respect. 1. Plant World Code of Conduct Plant World respectfully requires that all users of its sites adhere to the following Code of Conduct as a prerequisite to being a member of the Plant World community. - Always adhere to Plant World’s Terms of Use. - Only use the platform if you are over 18 years old or have the supervision of an adult or guardian who is over 18 years old. - You are solely responsible for your conduct and activities on and regarding to Plant World and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Plant World. - Your Content and your use of Plant World shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. - You shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. - You shall not violate any applicable law, statute, ordinance or regulation. - Do not use a fake identity, one confusingly similar to Plant World, or one confusingly similar to another brand or well-established third party. - Do not create a new or alternate account to avoid restrictions or limitations imposed on another account. - Do not interfere with another users’ business or listing(s). - Do not take any transaction off-site, nor encourage anyone to engage in any offsite transaction of any kind. - Do not share your, another user’s or a third party’s personal contact or financial information, including phone number, address, email, social media handles, external URLs, banking information, etc., with another Plant World user or in any public areas of the site, except as required by law, or as directed by Plant World. Personal information is subject to Plant World’s Privacy Policy which you must acknowledge to use Plant World’s services. - Do not make false or misleading claims about other users. - Always treat other users with respect. - Always treat the Plant World staff with respect. - Do not make threats against Plant World, its staff, or any user. - Always provide accurate personal and contact information in your Plant World account. - Do not engage in any illegal activity, including the counterfeiting infringement or infringement of intellectual property, listing items that do not exist or you do not own, offering unlawful or prohibited items, shipping items that are different from your listing or the applicable order, money laundering or other forms of fraud. - Do not engage in discrimination or hate speech of any kind including adverse actions based on or references to any Protected Class. Protected Classes on Plant World include: age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law. - Do not use the platform to engage in threats of violence or to encourage violence in any manner. - Do not use the platform to harass, impersonate or intimidate other users. - Do not use the site to engage in the transmission of pornography or any obscene materials. Your access to any and all Plant World websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Plant World user. Determinations will be made at the sole discretion of Plant World and may be implemented without warning or the ability to cure. 2. Shop Policies All sellers are urged to outline shop policies for their Plant World shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Plant World’s site-wide policies. Sellers are responsible for enforcing their own shop policies. Plant World reserves the right to request that a seller modify a shop policy. 3. Listing Quality Standards - You warrant that you may legally sell the item. - You must accurately describe your item and all terms of sale in your Plant World shop. - Your item must be accurately described. - Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself. - You may not use stock photography. You also may not use content developed by third parties without their express written permission. - Listings may not include links or reference to other selling venues, external listings, websites or selling channels. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. Any such additions will be removed from the listing by Plant World without notice. - All items must be listed in an appropriate category with appropriate tags. - Each listing must accurately and completely describe the item/items for sale in that listing. - If the "in stock" quantity is more than one, all items in that listing must be identical. - Each unique item must have its own listing. - Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. - Your listing shall not host images not part of a listing. - Your listing shall not modify, adapt or hack Plant World or modify another website so as to falsely imply that it is associated with Plant World. Your listing shall not appear to create liability for Plant World or cause Plant World to lose (in whole or in part) the services of Plant World's ISPs or other suppliers. - Your listing shall not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms of Use, the Privacy Policy, or other policies as posted on Plant World. - Your shop may not contain a name deemed offensive, in Plant World's sole discretion. - You may not list any item on Plant World (or consummate any transaction that was initiated using Plant World's service) that, by paying to Plant World the listing fee or the final value fee, could cause Plant World to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use. - The price stated in each item listing description must be an accurate representation of the sale. - Plant World reserves the right to edit or amend listings that violate any of its terms, conditions or policies. - Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. - Sellers may not charge excessive shipping fees. - You may not misrepresent the item's location, or use another user's account without permission. - Your access to any and all Plant World websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Plant World user. Determinations will be made at the sole discretion of Plant World and may be implemented without warning or the ability to cure. 4. Binding Sale and Shipping Obligations All sales are binding. The seller is obligated to package and ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless Buyer or Seller Initiated Cancellations. If the seller agrees to 2-day free shipping, the seller is obligated to deliver the item in two days. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance outside of the buyer's reasonable control. By purchasing an item on Plant World, the buyer agrees to the specific return and other policies set forth by the individual seller and the seller is obligated to adhere to their return and other policies. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make Plant World a party to the transaction. Accordingly, Plant World retains the right to suspend or terminate a user's privileges for failing to consummate a transaction, but Plant World does not have a mechanism to force the completion of a sale or force acceptance of payment. Any failure to complete a binding sale may result in immediate termination of your membership to Plant World. 5. Delivery Policy and Refunds/Returns If you sell an item on Plant World, you are obligated to deliver the actual item that was sold, or one of the series, in a reasonable period of time after the sale. You cannot deliver a substitute or replacement item, or withhold delivery, without the express consent of the buyer. If you have not shipped within three (3) business days of completing the sale, Plant World reserves the right to issue a refund to the buyer on your behalf. Plant World encourages buyers to contact sellers when any issues or questions arise related to their order, and you should work with the buyer to resolve issues directly. If a buyer wishes to return an item, you are obligated to follow your shop policy on returns and refunds or, in the instance of a sale in the EU, may be obligated to accept a return pursuant to EU law (Please observe and understand the requirements in the EU set forth https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm). If you agree to refund an item, you must issue the refund within two business days of your receipt of the product. If you are unable to resolve an order issue with a buyer directly, Plant World may be able to assist if the item is not delivered or not as described (i.e. the item received is significantly different from the listing description based on appearance, condition, etc). However, there are some important details to note for specific situations: - If an item was lost in transit, you should work directly with the shipping carrier to file a claim. Plant World may attempt to resolve disputes in Plant World's sole discretion, and Plant World has no obligation to resolve disputes between users and outside parties. To the extent that Plant World attempts to resolve a dispute, Plant World will do so in good faith based solely on Plant World's policies, and you understand that Plant World may use your personal information for the purpose of resolving a dispute. 6. Canceling Orders If you are unable to fulfill an order and must cancel and refund it, please keep in mind that cancelations and refunds must follow Plant World’s policy, including our anti-discrimination policy. Seller-initiated cancellations create a poor experience for buyers. To help maintain buyer trust and limit seller-initiated cancellations, Plant World expects seller listings to accurately reflect a seller's inventory. Plant World Payment fees will be refunded for up to and including five (5) seller-initiated canceled and fully refunded orders per month only. Plant World Payment fees will not be refunded for additional seller-initiated canceled and fully refunded orders. What does “seller-initiated” include? - Cancellations requested by the buyer through the refund request tool only are not considered “seller-initiated”. Any attempts to persuade a buyer to cancel so that the seller may avoid the cancelation policy will result in account action. - Cancellations resulting from the item being lost in transit or damaged during delivery are not typically considered "seller-initiated", because we understand that sometimes carrier mistakes are made. Please note that these claims are monitored for abuse and in some cases, supporting documentation may be requested. 7. Off-Site Transactions/Void Transactions/Fee Avoidance No sales may be carried out via private message as a means to avoid Plant World's sales fee or applicable taxes. Any other efforts to move sales initiated on Plant World off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Plant World's policies or protections. Plant World reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. Plant World further reserves the right to charge a selling fee upon finding any express intent to move a transaction off-site. You waive any and all claims against Plant World for any fees listed in this section. 8. Sales Tax As a seller, you are responsible for collecting and remitting any sales, or other, taxes due and owing on your sales. You agree to indemnify and hold Plant World, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision. 9. Waiver of Claims You acknowledge that Plant World is only a marketplace that provides a digital connection for users. Plant World is not a party to the actual transaction. You expressly waive and release Plant World (and Plant World's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the failure of a user to complete a sale. 10. Plant World Code of Ethics Overview Plant World was created for all plant lovers. To support the incredibly diverse group of plant lovers who use our marketplace, we encourage plant lovers of all backgrounds to join the site. We believe that the passion and diversity our users bring to the Plant World community helps us all grow stronger as we learn and grow together. One of Plant World’s central tenets is also creating an overall environment where all plant lovers feel safe and welcome. As a user of Plant World’s online platforms, you serve as an extension of the Plant World brand and an individual ambassador to, as well as a member of, our community. To the extent you become a volume buyer, seller, or both, on the platform, your name will be synonymous with Plant World and people will associate you with our name. We take this responsibility seriously and we hope you will, too. As a result, we’ve outlined below several of Plant World’s brand standards that you agree to uphold as a member of the Plant World community. These guidelines aren’t meant to stifle self-expression or creativity—we welcome all the unique talent and creativity you bring to the table. However, as a brand that values inclusivity, authenticity, and the right for every plant lover to feel welcome on our platform, it's important that our users uphold similar values on- and -off the platform. Guidelines Plant World does not support content on or off its platform from users who: - Promote or glorify hatred towards people based on: age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law (“Protected Classes”) - Promote or glorify current or historical hate groups, including their iconography, such as: neo-Nazi groups, the Ku Klux Klan, the Confederate flag, white supremacist organizations, anti-semitic organizations, misogynist organizations, anti-LGBTQ organizations or anti-immigration organizations (collectively “Hate Groups”) - Use racial slurs or words or terms denigrating Protected Classes or supporting the Hate Groups listed above Termination of a User Account At any time and for any reason, Plant World can choose to terminate the relationship between a Plant World and a user for violations of this Code of Ethics. By using the Plant World platform, you agree to the terms of this Code of Ethics.