Plenty, Inc.
Terms of Use

Effective Date: 12/07/2015

These Terms of Use (“Terms”) govern the access or use by you of applications, websites, content, products and services (the “Services”) by Plenty, Inc. (“Plenty”, “us”, “our” or “we”). As used in these Terms, “you” and “your” refer to you individually and the company on behalf of which you are entering into these Terms.

If you are using the Services on behalf of a company or other legal entity, you hereby represent and warrant that (i) you have the authority to enter into these Terms on behalf of the company or other legal entity and (ii) agree to be bound by these Terms individually, even when acting on behalf of the company.

Our Privacy Policy, available at https://www.chooseplenty.com/privacy-policy, is incorporated by reference into these Terms. Please read these Terms and the Privacy Policy carefully before you access the Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND PLENTY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

We may modify these Terms at any time, and without prior notice to you other than posting an amended Terms of Use with an updated “effective date” set forth at the top of the Terms. This modification will be effective immediately upon posting and your continued use of the Services after such posting will constitute binding acceptance of the amended Terms. It is your responsibility to check these Terms periodically for changes.

The Services are a technology platform that enables users of Plenty’s mobile application (the “Application”) to find and collect foods that users care about, input certain allergies and diet types, follow certain Tastemakers, receive certain recommendations, form groups to share food and allergy information, find and collectrestaurants and other related services. The Application is a lifestyle application that promotes personal health and does not constitute a medical device. The recommendations given through the Application DO NOT constitute medical advice. Further, medical records should NOT be stored or transmitted through the Application. YOU ACKNOWLEDGE THAT PLENTY DOES NOT PROVIDE MEDICAL ADVICE THROUGH THE SERVICES AND AGREE THAT YOU WILL NOT PROVIDE US WITH ANY MEDICAL RECORDS IN YOUR USE OF THE SERVICES.

Subject to these Terms, Plenty grants you a limited, non-exclusive, revocable and nontransferable license to: (a) download, install and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you; and (b) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by Plenty.

To be eligible to use the Services, you represent and warrant that you: (a) are at least 18 years of age; (b) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (c) will only maintain one account at any given time; (d) will only provide accurate information to Plenty; (e) have the full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; (f) will not store or transmit any medical records through your use of the Services; and (g) will not violate any rights of Plenty or a third party, including intellectual property rights.

Through your access or use of the Services, you may not:

• Access or attempt to access the Services by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement.
• Access or attempt to access the Services through any automated means (including use of scripts or web crawlers).
• Resell, sublicense, transfer, assign, or distribute the Services.
• Adapt, edit, copy, modify or make derivative works based on the Services.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services.
• “Frame” or “mirror” the Services on any other server or Internet-enabled device.
• Transmit or post chain letters, pyramid schemes, or acts that involve deceptive online marketing practices or fraud.
• Transmit bulk unsolicited email, promotional material, any SPAM material, or other acts that may be considered SPAM, such as forging message headers.
• Materially and adversely affect the quality of other user’s experience.
• Sabotage, or attempt to sabotage, any Services, introduce malicious programs into the Services, Plenty’s network or server, engage in any monitoring or interception of data, attempt to circumvent authentication or security of any portion of the Services, Plenty’s network or server.
• Store or transmit any medical records through your use of the Services.
• Permit other users or third parties to access the Services through your account.
• Transmit, receive, upload or use material that violates any intellectual property right or is abusive, indecent, defamatory, harassing, pornographic, obscene, menacing, or a breach of confidence, privacy or similar third party.
• Use the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law.

Our Application may integrate with certain social media platforms. When you sign up for the Application through a social media platform, we may access the information you have added on the applicable social media platform, in accordance with that platform’s policies. Your use of any interactive features between our application and the social media platform enables the sharing of information with your friends or the public, depending on the settings you establish with the social media platform. Please remember that the manner in which the social media platform uses, stores, and discloses your information is governed by its own policies and Plenty shall have no liability or responsibility for the privacy practices or other actions of the social media platform.

We reserve the right, but not the obligation, to monitor your access and use of the Services without notification to you. We may record or log your use in a manner as set out in our Privacy Policy (available at https://www.chooseplenty.com/privacy-policy).

Through your use of the Services, you may be able to submit, upload, publish or otherwise make available to Plenty textual, audio and/or visual content, including commentary and feedback (the “Content”). As between you and Plenty, any Content that you provide remains your property. However, by providing Content to Plenty, you grant Plenty the following license:

• Personal User License. As a personal user, you grant to Plenty and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Services.
• Restaurant User License. As a Restaurant user, you grant to Plenty and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, distribute, modify as permitted by law, publicly display and otherwise use the Content as reasonably necessary to provide the Services. Additionally, you authorize us to use your corporate logo and corporate name for any promotional purposes. The license granted herein shall be effective without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Services.
• Tastemaker User License. As a Tastemaker user, you grant to Plenty and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, distribute, modify as permitted by law, publicly display and otherwise use the Content as reasonably necessary to provide the Services. Additionally, you authorize us to use your likeness, name, image, corporate logo (if applicable) and corporate name (if applicable) for any promotional purposes. The license granted herein shall be effective without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Services.

The material Plenty provides on or through the Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property used to create or otherwise provided in connection with the Services are owned by us or third party licensors. Except for the limited rights granted herein, all other rights are reserved.

You are responsible for obtaining the data network access necessary to use the Services and acquiring and updating compatible devices. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a mobile device.

If you believe that any content made available through our Services infringes upon your valid copyright, a claim of copyright infringement should be sent to Plenty’s designated agent, in accordance with our DMCA Policy (available at https://www.chooseplenty.com/copyright-policy).

THE SERVICES (AND ANY CONTENT RELATED THERETO) ARE PROVIDED BY US “AS-IS” and “AS AVAILABLE”. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR CONTENT PROVIDED THROUGH OR ACQUIRED FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. ADDITIONALLY, PLENTY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) WILL BE ACCURATE AND COMPLETE.

YOU ACKNOWLEDGE THAT THE SERVICES CONTAIN INFORMATION PROVIDED BY OUR LICENSORS AND OTHER THIRD PARTIES, INCLUDING THE MANUFACTURER, MAKER OR SELLER OF A PARTICULAR PRODUCT OR GOOD THAT YOU MAY PURCHASE AND CONSUME IN CONNECTION WITH THE USE OF OUR SERVICES OR APPLICATION. INACCURATE OR INCOMPLETE INFORMATION MAY POSE A RISK TO YOUR HEALTH IF YOU HAVE SEVERE ALLERGIES OR OTHER HEALTH CONDITIONS. WE DO NOT VERIFY OR MONITOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, AND YOU RELEASE US FROM ANY OBLIGATION OR LIABILITY FOR THE SAME AND FURTHER ACKNOWLEDGE YOUR OBLIGATION, PRIOR TO THE PURCHASE OR CONSUMPTION OF ANY PRODUCT OR GOOD, TO INDEPENDENTLY VERIFY THE INGREDIENTS OF SUCH PRODUCT OR GOOD WITH ITS MANUFACTURER, MAKER OR SELLER.

THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We do not review or control third party websites that link from the Services, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Links to third party materials should not be considered endorsements of such sites or any content, products, or information offered on such sites. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

We safeguard the security of your personal information with industry-standard physical, electronic, and managerial procedures. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or within the application

We may restrict or deny your access to all or part of the Services without notice in our reasonable discretion if we deem that you have engaged in any conduct or activities that we believe in our reasonable discretion violates these Terms or any law. In the event that your access to the Services is terminated, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate.

You agree to defend, indemnify and hold any Plenty Party harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other content or material you submit or otherwise transmit through our Services (including the inaccuracy thereof); (iii) your violation of any rights of another, including intellectual property rights; and (iv) your use of the Services (including your use or interpretation of any content provided by another user through the Services). Plenty reserves the right, at its own expense, to assume the exclusive defense and control of any claim otherwise subject to defense by you.

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. If the parties are unable to agree upon an arbitrator with seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules. The arbitration shall take place in Atlanta, Georgia, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00

Subject to the Arbitration provision above, the courts of Fulton County in the State of Georgia, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings under these Terms.

Subject to the Arbitration provision above, these Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice and conflict of law rules.

If any provision of these Terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms, and these Terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

These Terms, along with any rules, guidelines or policies published in the Application constitute the entire agreement between Plenty and you with respect to your use of the Services. If there is any conflict between the Terms and other rules or instructions posted, the Terms shall control. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. You may not assign your rights or obligation under these Terms without the prior consent of Plenty. Plenty’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Plenty may have pursuant to any intellectual property laws or other laws. All rights and remedies available to Plenty, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.

Please contact us with any questions or concerns regarding our Terms at:

info@chooseplenty.com

1751 Tullie Circle, Atlanta GA 30329