Terms of Use

THE FOLLOWING TERMS OF USE SHOULD BE READ CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE APPLY TO ALL VISITORS AND USERS OF THIS WEBSITE AND SUPPLEMENT THE PRIVACY POLICY AND DISCLAIMER POSTED ON THIS WEBSITE. 

Ownership. The website www.plantforward.com (this “Site”), and all associated webpages, domain names, infrastructure, and intellectual property rights currently or hereafter comprising this Site, are owned exclusively by PLANTFORWARD, LLC, a Maryland limited liability company (“Company”). In addition, all content, code, forms, processes, and data posted to and comprising this Site, including, but not limited to, all graphics, images, photographs, videos, audio, digital downloads, data compilations, and text, and the “look and feel” of this Site (e.g., color combinations, button shapes, layout, and all other graphical and navigational elements used in this Site) (collectively, the “Content”) belong exclusively to or are licensed by Company. You have no rights in or to the Site or the Content except as expressly permitted hereunder. 

Use. Use of this Site and the Content shall be conditioned on your access to them and subject to all of the terms and conditions set forth in these Terms of Use (this “Agreement”) and the privacy policy (the “Privacy Policy”) and disclaimer (the “Disclaimer”) posted on this Site or otherwise made available to you by Company. Unless Company otherwise agrees in writing, you may not use the Content separate from use of this Site. Should you disagree with any term or condition of this Agreement, the Privacy Policy, or the Disclaimer, you should immediately discontinue use of this Site and the Content. Your use of this Site shall be deemed acceptance of this Agreement and your promise to fully comply with its terms, the Privacy Policy, and the Disclaimer. It is your responsibility to periodically review this Site to ensure your awareness of Company’s then current terms and conditions concerning the use of this Site and the Content. Your use of this Site is made at your own discretion and risk. 

Access. Access to this Site or the Content may be conditioned, limited, suspended, or terminated in whole or in part by Company at any time without advance notice and for any reason whatsoever. Company may also condition, limit, suspend, or terminate any component, content, or functionality of this Site or the Content at any time without advance notice and for any reason whatsoever. 

Prohibited Conduct. You may not directly or indirectly (i) disassemble, decompile, reverse engineer, or create derivative works of the Content, this Site, or any of its components, (ii) reproduce, make derivative works from, publicly display, publish, or distribute any part of the Site or the Content (except, however, you may download and save a copy of this Agreement, the Disclaimer, and the Privacy Policy strictly for the purpose of informing yourself of their terms), (iii) remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other intellectual property, proprietary notice, or legend applicable to the Content or this Site, (iv) exploit for any purpose this Site, any component thereof, or the Content, in whole or in part, without the express written consent of Company, (v) systematically track any visitor or user of this Site, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from this Site or Company, (vi) place into HTML documents or web pages a hypertext link to this Site without the express written permission of Company, or (vii) use this Site, any component thereof, or any of the Content for any purpose that infringes the rights of Company or others, threatens, harasses, deceives, or is abusive or defamatory of Company or others, causes or introduces one or more viruses or malware to this Site, or violates the terms of this Agreement or applicable law. 

Links to Other Sites. This Site may contain one or more hypertext links to third-party websites. These links are provided solely as a convenience and do not constitute an endorsement of the content or availability of such third-party websites or the product or services of the third party. You acknowledge and agree that the third-party website may not comply with the Privacy Policy and may violate your intellectual property rights, privacy rights, or publicity rights or those of third parties. You further acknowledge and agree that Company has no control over third-party websites or their content, products or services, and you shall not hold Company responsible for any injury or damage resulting from them. You should direct any concerns with respect to any other website to that website’s administrator or webmaster. 

Framing; Links to this Site. Unless Company otherwise agrees in writing, you may not frame any of the Content. You may hypertext link to this Site provided that the link is provided for the purpose of directing persons interested in the information publicly available on the Site to the Site or for other lawful purpose. 

Choice of Law; Jurisdiction. This Agreement, the Disclaimer, the Privacy Policy, and your use of this Site and Content shall be governed by the laws of the State of Maryland without regard to its conflict of laws principles. By using this Site, to the extent permitted by applicable law, you hereby irrevocably consent to the personal and subject matter jurisdiction of the courts located in Baltimore City, Maryland for any action arising out of or relating to this Agreement, the Disclaimer, the Privacy Policy, or your use of this Site or any of the Content. You hereby recognize that it is impractical, if not impossible, for Company to have knowledge of all laws applicable to the Site and therefore agree that the foregoing choice of law and jurisdiction provision is reasonable and shall not be later challenged. If your use of this Site or any of the Content violates the laws of the place where they are accessed by you, or where you reside, you should immediately cease and desist all such use and inform Company. You shall be solely responsible for informing yourself of all laws applicable to your use of this Site and the Content. 

Arbitration. At Company’s election, any dispute arising from this Agreement, the Disclaimer, the Privacy Policy, or your use of this Site or any of the Content may be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in Baltimore, Maryland, at any time before suit is filed with a court of competent jurisdiction. 

Indemnification. By using this Site, you agree to indemnify and hold harmless Company and its affiliates, and their respective owners, directors, employees, agents, and representatives, from and against any and all losses, liabilities, expenses, and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from your use of this Site, the platform and software comprising the Site, or any of the Content, or from your breach of this Agreement. If you cause a technical disruption of this Site or the systems transmitting this Site, or a security breach of this Site or Company’s network, you hereby agree that you will be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, expert fees, and court costs, incurred by Company or any third party and arising out of or resulting from that disruption or security incident. Company reserves the right to assume exclusive defense and control of any matter subject to this indemnification provision and you shall cooperate with Company in the defense of such matter. 

Warranty; Limitation of Liability. THIS SITE, EACH COMPONENT THEREOF, ALL OF THE CONTENT, AND ANY LINKS FROM THIS SITE TO A THIRD-PARTY SITE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ERROR-FREE OPERATION, ACCURACY, CORRECTNESS, CONFIDENTIALITY, SECURITY, RELIABILITY, FREEDOM FROM MALWARE, COMPATABILITY WITH ANY HARDWARE OR APPLICATION, OR THAT THE CONTENT WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY OR FOR ANY HARM THAT YOU OR ANY THIRD PARTY EXPERIENCES AS A RESULT OF ANY ACCESS TO OR USE OF THE SITE OR THE CONTENT OR THE ACCESS TO OUR USE OF ANY OTHER WEBSITE OR CONTENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, SHALL BE LIABLE FOR ANY INJURY OR DAMAGE INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS RELATED TO ANY USE OF THIS SITE OR CONTENT, ANY FRAMING OR LINK TO THIS SITE OR THE CONTNENT, OR ANY LINK TO OR USE OF ANY THIRD-PARTY WEBSITE OR PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST REVENUE, PROFITS, OR BUSINESS, OR PUNITIVE OR SPECIAL DAMAGES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY, OR THE EXCLUSION OF WARRANTIES SET FORTH ABOVE, IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN YOU HEREBY EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE FOR ANY AND ALL INJURIES INCURRED BY YOU, INCLUSIVE OF COSTS AND EXPENSES, SHALL NOT EXCEED A TOTAL AMOUNT OF FIFTY DOLLARS (U.S. $50.00) IN THE AGGREGATE. 

Amendments. Company reserves the right to amend and/or restate this Agreement, the Disclaimer, and the Privacy Policy at any time, without advance notice, and for any reason whatsoever. All amendments or restatements of the foregoing shall become effective immediately upon their posting to this Site unless otherwise expressly noted. Should you use this Site following the posting of any amendments or restatements, such use shall be deemed conclusive evidence of your acceptance of all posted amendments and restatements. 

Miscellaneous. This Agreement constitutes a contract between you and Company. Should any provision in this Agreement, the Disclaimer, or the Privacy Policy be found invalid or unenforceable for any reason by a court of competent jurisdiction (or arbitrator, if arbitration is elected by Company), that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provision. Any claim or dispute by you arising out of or related to this Agreement or the use of this Site or the Content must be filed within one year after it arises or it shall be permanently barred. Your rights and obligations under this Agreement may not be assigned or delegated, in whole or in part, without Company’s written consent. Company reserves the right to assign its rights or delegate one or more of its obligations under this Agreement to any third party at any time without advance notice. The English language version of this Agreement, the Disclaimer, and the Privacy Policy shall be deemed the only official version of each of them. 

How to Contact Company: 

Contact the Company here.

Privacy Policy

This Privacy Policy describes how PLANTFORWARD, LLC, a Maryland limited liability company (the “Company”), collects and uses personal information of visitors to www.plantforward.com (the “Site”). Although this Site is not directed at children, the Company recognizes that the Site might have visitors or users who are under the age of 13. For specific provisions concerning visitors and users under the age of 13, please see the “Children’s Privacy” section below. Except as otherwise provided in this Privacy Policy, the information collected through the Site is not shared with third parties. 

If you have any questions concerning this Privacy Policy, please see the “Contact Us” section below. 

How Information Is Collected About You

As you use the Site, passive tracking mechanisms in the form of "cookies" collect information about your use of the Site. One type of cookie, a “session cookie,” remains active only for as long as the Site is being used during a given session. More permanent cookies are used when a user account is set up on the Site, in which case some cookies are placed and stored as small data on the hard drive of your computer. These cookies are accessible only by the Company and its authorized agents. A visitor or user may block or disable one or more cookies during a given session, but certain webpages of the Site may not fully function during the session as a result. 

Personal information is also collected according to what you give us, either by contacting us through our “Contact” page or should you set up an account with us. 

Why Information Is Collected and How It Is Used

Cookies can contain pieces of information that make the Site easier or more enjoyable to use. The information collected from a user’s account permits the Company to (i) communicate with a user about an order or inquiry placed by the user, (ii) address a problem reported by a user or others, (iii) generate reports requested by the user or pertinent to the Company’s administration of the Site, (iv) advertise the Company’s products, services, or promotions, or special events, and (v) when the Company is legally compelled to do so or when it feels it is necessary to do so in order to protect the Company’s business interests. From time to time, the Company may implement additional uses not previously disclosed in this Privacy Policy. The Company will inform visitors and users of such new uses in advance by posting an updated Privacy Policy to the Site. All visitors and users should check the Site periodically for updates. 

When Information is Shared with Others

Except as incidental to the administration, management, maintenance, development, support, or security of the Site, or as otherwise set forth in this Privacy Policy, the Company does not share the information collected from visitors or users with third parties. If and when any personal information is shared with a third party, it is shared only on an as-needed basis with appropriate personnel or contractors, and only to the extent necessary to the task to be accomplished. Nonetheless, the Company will disclose visitor or user information as necessary to comply with applicable law, regulation, or legal proceeding, or to defend itself against any claims from a visitor, user, or third party. 

How the Company Tries to Protect Information

To guard against unauthorized access to the information that the Company collects, the Company uses a secure server to store information and an encrypted email service. Access to the server is restricted. The Company also engages professional vendors and service advisers for reviewing its information collection, storage, and processing practices from time to time.

Although the Company uses commercially reasonable efforts to protect personal information collected through the Site, the Company does not guaranty that all such information will remain confidential or safe from unauthorized access, use, or disclosure. Neither the Company nor any of its owners, directors, employees, agents, or contractors will be liable for the disclosure of a user’s personal information resulting from the user’s negligence or misconduct, errors in transmission, or unauthorized acts of third parties. Please be sure to read in full the Terms of Use applicable to the Site. 

California Privacy Rights

The "Shine the Light" law enacted by the State of California in 2005 allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right. 

The Company does not share personal information with third parties for their direct marketing purposes. Moreover, the Company does not use any of the personal information obtained through the Site for marketing and promotional purposes. In the future, should the Company decide to use or permit the use of any personal information for marketing and promotional purposes, an opt-out method will be provided. 

Children’s Privacy

The Site collects and uses information in a manner that is intended to comply with the Children’s Online Privacy Protection Act of 1998. All parents and legal guardians are strongly encouraged to discuss privacy and restrictions on their children’s use of the Site before permitting their children to use this Site. 

The Company tries to limit the information collected from users who have identified themselves as children under 13 to information that is not personally-identifiable. Generally, the only personally-identifiable information that the Site collects on all users, regardless of age, is age, email address, and zip code. As further described under “Uses of Information” above, personal information is used to convey communications about the Site, to respond to communicated questions or problems about the Site or the Company, and for internal diagnostic and analytic purposes. If the Company sponsors any activities, events, or promotions, additional personal information (e.g., name and address) from users may be required for participation. 

The Company currently does not share any personal information obtained from the Site with any third parties except as set forth in “When Information is Shared With Others” above. In the event the Company shares personal information in the future, the Company may share such information if the third party agrees in writing to comply with this Privacy Policy. The Company may have to disclose personal information about your child if necessary to enforce the Terms of Use or to comply with any applicable law or administrative or legal proceeding having competent jurisdiction over the Company or the Site. Finally, if the Company sells the Site or all or substantially all of the Company, the Company anticipates having to give your child’s personal information to the bona fide purchaser. 

If a child is under age 13 and a user of this Site, the parent or legal guardian may request information about the child’s activities on the Site by contacting the Company through the “Contact” page. In response, the Company will provide an appropriate form that permits a parent or legal guardian to (i) review any personally-identifiable information the Site has collected from or about the child, (ii) update, revise or otherwise edit the child’s information, (iii) delete the child’s information, and/or (iv) stop the Site from collecting any more personally-identifiable information from the child. Before releasing any personally-identifiable information about users under the age of 13, the Company uses no less than industry-standard verification measures to help ensure that only the child’s parent or legal guardian can obtain information about the child’s usage of the Site. The verification process may change from time to time. The Company will report to appropriate State and Federal law enforcement officials any effort to obtain personally-identifiable information about a child that the Company considers unauthorized or illegal. 

Warranty Disclaimer; Limitation of Liability

This Privacy Policy, any warranties with respect to it, and the Company’s conduct with respect to the policy are subject to the Disclaimer and Terms of Use posted to the Site as if such terms and conditions are fully set forth herein 

Changes to this Policy

The Company may change this Privacy Policy in whole or in part from time to time. Any changes to this Privacy Policy will be posted to the Site with an appropriate effective date. All visitors and users should check the Site periodically for changes to this Privacy Policy. 

Contact Us

If you have a question or concern about this Privacy Policy, please contact the Company here. 

Effective Date

May 1, 2017

Disclaimer

Welcome to www.plantforward.com (the “Site”), the nutrition-focused website developed, owned, and operated by PLANTFORWARD, LLC, a Maryland limited liability company (the “Company”). The content of the Site and all other information and materials provided under the PLANTforward™ trademark (the “Information”) have been developed for informational and/or instructional purposes only. None of the Information is intended, nor should it be construed at any time, as medical nutritional advice or other nutritional intervention or treatment. 

The Information is comprised of the research, conclusions, and musings of the Company, its owners, or employees and may include or refer to content provided by persons unaffiliated with the Company. The Information may not reflect all data available on its subject matter. At no time should the Information be relied upon, in any way, as an endorsement or recommendation of any particular foodstuff, product, diet, remedy, or treatment, or as medical and/or nutritional advice. If you have any questions regarding a physiological complaint, condition, or symptom, you should seek the advice of a physician or other qualified health care provider and not rely on any of the Information. DO NOT DISREGARD THE ADVICE OF ANY PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF ANY OF THE INFORMATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT 911 IMMEDIATELY. 

If the Company schedules and/or advertises any activity or event (e.g., without limitation, a cooking demonstration or class) (each, an “Activity”), the Company reserves the right to cancel or stop marketing the Activity for any reason, as determined in the Company’s sole discretion, without notice. If you enroll in an Activity and (i) fail to inform the Company of any food allergy or environmental allergy prior to participating in the Activity, (ii) conduct yourself negligently or reckless before or during an Activity, or (iii) do not deliver any applicable written consent and/or waiver of liability required by the Company, the Company shall have the right, in its sole discretion and without liability to you, to cancel or terminate your participation in the Activity without notice. 

Your use of the Information and your enrollment or participation in any Activity, if any, are solely at your own risk. No health care provider (or other practitioner) and patient relationship is created by your use of the Site or any of the Information, or by your enrollment or participation in any Activity. THE INFORMATION AND EACH ACTIVITY, IF ANY, ARE PROVIDED “AS IS”, STRICTLY ON AN “AS AVAILABLE” BASIS, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, ACCURACY, RELIABILITY, OR THAT THE INFORMATION OR ACTIVITY WILL BE ACCURATE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ERROR OR DEFECT FREE, OR PERFORMED. IN ADDITION, THE COMPANY MAKES NO WARRANTY THAT ANY OF ITS OWNERS OR EMPLOYEES, ANY OF THE AUTHORS OR CONTRIBUTORS OF THE INFORMATION, OR ANY PERSON PERFORMING AN ACTIVITY IS LICENSED, REGISTERED, OR CERTIFIED NUTRITION SPECIALISTS, DIETICIANS, NUTRITIONISTS, DIETITION-NUTRITIONISTS, OR HEALTH CARE PROVIDERS IN ANY STATE. 

The Company’s liability with respect to the Site, the Information, and any Activity is limited pursuant to the terms and conditions set forth in the Terms of Use posted on the Site as if fully stated in this Disclaimer.