These Terms of Service (the “Terms”) are an agreement between you, a user of our website or applications and Planty-Search , LLC (, “us”, “we”, or “our”).

We will periodically update or amend any of the terms in this agreement. Changes will be effective upon publishing the revised Terms of Service and End-User License Agreement on our website. If you do not wish to accept the amended agreement, you have to cancel your access to our products. Continuing to use our software accessed through the website in your personal account constitutes your acceptance of the terms of the modified agreement. Disclaimer of Warranty:

WE MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SOFTWARE ARE PROVIDED TO YOU AS IS AND AS RECEIVED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE.

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Our company AND ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO PROPERTY, LOSS OF DATA, LOSS OF INCOME, FAILURE OF PERFORMANCE, AND GOODWILL.

Indemnification by You: To the fullest extent permitted by law, you agree to defend and hold harmless our website from and against any and all claims, losses, charges, costs, and liability that may arise from your use of our software service.LICENSE GRANT Subject to the terms and conditions of this Terms, we grant you a non-exclusive, revocable, non-transferable, personal, limited license, to (a) download and install the most current available version of the Application and Services offered to you, and (b) use the Services solely for your personal, non-commercial purposes. The Services may not be used for any other purpose without Company’s prior written consent. If you are installing a version of the Application that includes third party features and functionalities or accesses third party content, such third-party features, functionalities and content are subject to such third party's terms of service and are not governed by these Terms.

Age Requirement

Our website is only available to people who are at least 13 years old. Those under the age of 13 should have their parents or legal guardians review and discuss this agreement with them before using the website.

RESTRICTIONS OF USE:

You may not rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer the Service or use the Application for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Application or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Application in any way. You do not have the right to and may not create derivative works of the Service. All modifications or enhancements to the Application remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our Services at any time, and we may at any time suspend or terminate any license hereunder and disable the Application or any of its component features. You represent and warrant that you are either the owner or an authorized user of the computer where the Application is installed. You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Services. You agree not to use the Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound. You further agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the Services, except to disable or remove our Application from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Application. We reserve the right to investigate occurrences which may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.

UPDATES:

We reserve the right to add or remove features or functions to or from the Service. When installed on your computer, the Application periodically communicates with our servers to request automatic updates when we release a new version of the Application, or when we make new features available. you hereby agree that the company may automatically download and install updates to the Application, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. you agree to receive such updates as part of your use of the Application. In the event, we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you. These updates shall be controlled by your device settings.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:

You acknowledge and agree that the Application, the Site and any associated components are licensed, and were not sold to you. You also acknowledge that all trademarks, service marks, the Application, including all associated components, code, protocols, software and documentation provided to you by us in conjunction with the Services are the Company’s property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Application or associated components. All rights not expressly granted hereunder are expressly reserved to us and our licensors. PRIVACY POLICY By Using the Application, you may enable us or third parties to access, use, and collect a variety of information, both personal and non-personal, regarding your Internet Browser, your browsing habits, and information about your computer including by usage of cookies. For more details on the data collected and privacy methods we recommend you read our Privacy Policy available here. Our Privacy Policy contains information about the data protection policies and explains how we access, collect, use, or share information. By downloading and using any of the Services, you consent to the Privacy Policy. We prohibit the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by us, in our sole discretion. DISCLAIMER OF WARRANTY YOUR ACCESS AND USE OF THE Application, SERVICES AND ALL FEATURES, FUNCTIONALITY OR CONTENT PROVIDED THEREIN OR THERETHROUGH ARE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICE, (B) THAT THE Application WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE Application WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE Application, OR THE INFORMATION AVAILABLE THROUGH the Application, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY. LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR TO YOUR USE OR THE INABILITY TO USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. COMPANY’S LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TERMINATION You can terminate these Terms and the use of the Service at any time. If you wish to terminate your use of the Service, you may do so by uninstalling the Application from your device, by using the standard uninstall processes that are available as part of your operating system or through your Browser’s Settings, as applicable. We may terminate your access to theApplication or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Application and Services.

DISPUTE RESOLUTION:

For any dispute you have with us, you agree to first contact us Contact Us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.

MISCELLANEOUS:

These Terms, constitutes the entire understanding between the parties with respect to the use of the Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without the prior written consent of the Company. We are constantly scaling in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the website, product or plugin which Licensor provides may change from time to time without prior notice to you. We may also cease or discontinue providing the product or upgrades at any time. For details about our data collection and data use practices, please see our Privacy Policy. As explained in the Privacy Policy, Your web sessions may be tracked and stored for the purpose of displaying targeted advertising. Please follow the instructions found on the uninstall page to uninstall the Product.

Ultraonline Holdings LLC
[email protected]