Terms of Service
Last updated November 1, 2022.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF NOVEMBER 1, 2022.
For information on how Odd Plant collects, uses and shares any personal information, please see our Privacy Notice. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Notice under the laws of your jurisdiction.
Acceptance of Terms
The following Terms of Service Agreement (the "TOS") apply to you and to your access to, and use of, www.opfoundation.org (the “Website”), and any other website or service that links to these Terms (collectively, the “Services”). Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.opfoundation.org/privacy-notice, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
The Services on this Website are provided by "Odd Plant” (“Odd Plant”) and your use of the Services is subject to these Terms. “We,” “our” or “us” refers to Odd Plant, collectively, “Odd Plant”.
Content of the Services
The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by Odd Plant or the party credited as the provider of the Content. Odd Plant also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in the following bullet (3.) of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Odd Plant, or the copyright holder identified in the copyright notice contained in the Content.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Odd Plant. At its discretion, Odd Plant may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Odd Plant does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Odd Plant shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Odd Plant shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Cautions for Global Use & Export & Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Content Placed or Made Available for Company Services
Odd Plant shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Odd Plant the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of Odd Plant's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Odd Plant's sites, and shall terminate at such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Odd Plant's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Odd Plant's sites and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible areas of Odd Plant's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Odd Plant’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
Contributions to the Odd Plant Website
Odd Plant provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
your contributions do not contain any type of confidential or proprietary information;
Odd Plant shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Odd Plant shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
the contributor's Contributions shall automatically become the sole property of Odd Plant; and
Odd Plant is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
User Conduct
You are responsible for all activity on your account. We welcome your comments regarding the Website; however, please behave responsibly when using our Website.
We reserve the right to delete, move or edit any content posted on this Website for any reason. By using our Services, you agree that any and all Content that you contribute to Odd Plant:
Is owned by you or you hold appropriate license(s) to use such Content;
contains no copyrighted or other protected material owned by others;
contains no misleading, inaccurate, and/or dishonest statements;
does not impersonate another business, individual, or charity;
does not constitute, promote or encourage illegal acts;
does not explicitly or implicitly violate any policy posted on our Website;
does not infringe or violate other’s rights;
contains no discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Website is being used;
contains content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;
does not victimize an individual or group of individuals with hurtful or hateful language.
You agree that you will indemnify, defend and hold harmless Odd Plant, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of this Section.
You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.
Indemnity
All users herein agree to insure and hold Odd Plant, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Odd Plant Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Commercial Reuse of Services
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Odd Plant's sites.
Odd Plant’s free wellness planner downloads may be used for personal, educational, or informational purposes without needing explicit permissions.
The Odd Plant logo may not be used for any purpose without explicit permission.
If an Odd Plant image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person.
If Odd Plant material is to be used for commercial purposes, including advertisements, it must not explicitly or implicitly convey Odd Plant's endorsement of commercial goods or services.
Odd Plant should be acknowledged as the source of the material.
Odd Plant occasionally uses copyright-protected material of third parties with permission on its website. Those images will be marked identified as copyright protected with the name of the copyright holder. Odd Plant's use does not convey any rights to others to use the same material. Those wishing to use copyright protected material of third parties must contact the copyright holder directly.
Our content is protected by copyright, trademark, and other applicable laws. We grant you permission to use our logo and other copyrights or trademarks if you have an existing partnership and you've reached out to Odd Plant to secure formal approval from the Odd Plant brand team.
Examples of our content are the text on the Website, our logo, and designs created by our design team.
You may not otherwise use, publicly display or prepare derivative works of our content unless we give you permission in writing.
Modifications
Odd Plant shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Links
Either Odd Plant or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Odd Plant shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Download and Purchasing Agreement
Placing an Order
You warrant that you are authorized to use any credit card, Paypal account, or other means of payment that you provide to us. Providing any inaccurate information is a breach of these Terms and may result in cancellation of your order. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our credit and fraud avoidance department.
If your order is canceled after your credit card (or another payment account has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. We will attempt to contact you if your order is canceled or if any information is required to accept your order.
By confirming your purchase at the end of the checkout process, you agree to pay for the Products, as well as the shipping and handling charges and applicable taxes.
Shipping and Delivery
Products will be shipped to an address designated by you as long as the address is complete. Digital downloads will be available via a follow up email to the email address you have provided. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss for Products pass to you upon delivery of the Products to the carrier.
Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
International Orders
You acknowledge that the Products sold on Odd Plant, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs laws and regulations of the country in which the products are received, and you agree to comply with all applicable laws.
Termination
These Terms are effective unless terminated by either you or Odd Plant. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website.
We may also terminate this Agreement at any time and may do so immediately without notice and deny you access to the Website if in our discretion you fail to comply with any of these Terms.
Proprietary Rights
You do hereby acknowledge and agree that Odd Plant's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Odd Plant or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Odd Plant Services (e.g. Content or Software), in whole or part.
Odd Plant herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Odd Plant for use in accessing our Services.
Limitation of Liability
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Odd Plant.
The information, software, Products, and Services included in or available through the Website may include inaccuracies or typographical errors. Changes are added periodically to the information herein.
We take all reasonable steps so that our Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Website is unavailable at any time.
Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
By submitting a telephone number to Odd Plant you agree that a representative of Odd Plant can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our Services.
Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS ODD PLANT DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
ODD PLANT MAKES NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
3rd Party Beneficiaries
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Notice
Odd Plant may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Trademark Information
You herein acknowledge, understand and agree that all of the Odd Plant trademarks, copyright, trade name, service marks, and other Odd Plant logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Odd Plant. You herein agree not to display and/or use in any manner the Odd Plant logo or marks without obtaining Odd Plant's prior written consent.
Copyright or Intellectual Property Infringement Claims Notice & Procedures
Odd Plant will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Odd Plant may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Odd Plant Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Odd Plant
P.O. Box 2132
Attn: Copyright Agent
Pasadena, CA 91102
Email: support@oddplant.org
General Information
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Odd Plant and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Odd Plant Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Odd Plant Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Odd Plant with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Odd Plant without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Odd Plant, shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state. You and Odd Plant agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Odd Plant fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Violations
Please report any and all violations of this TOS to Odd Plant as follows:
Our Contact Information
Odd Plant
P.O. Box 2132
Pasadena, CA 91102
United States
support@oddplant.org