(Last Updated: June 7, 2022)
ANY USERS WHO DO NOT AGREE WITH THESE TERMS ARE NOT AUTHORIZED TO USE THE PLATFORM
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Part I – Definitions, Agreement to be Bound.
“Services” shall mean those appointment-scheduling services made available by us through the Plethora Application.
“Plethora Application” shall mean any mobile, web, or voice software application related to the Services designed, developed, and/or made available by us and available through the Apple App Store and Google Play Store as well as other third-party services, including but not limited to Amazon Alexa and Google Home.
“Plethora Site” shall mean the Web site bearing the URL http://www.JoinPlethora.com and all affiliated websites owned and operated by Plethora, our subsidiaries, and related companies.
“Commercial Content” shall mean content which advertises or promotes a commercial product or service.
“Customer” shall mean any person or entity who uses the Plethora Application, Plethora Site, Plethora Platform, or a Third-Party Platform as defined in Section 3.8 to schedule an appointment, manage appointments, browse Vendor services, whether said individual registers directly for the use of the Plethora Application or is added by a Vendor through whom Customer obtains services.
“Dispute” shall mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms) including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms.
“Material Breach” shall mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.
“Services” shall mean, collectively, any and all services offered by Plethora, including but not limited to (1) the Plethora Site, (2) the Plethora Application, and (3) any other services or features made available by Plethora through the Plethora Platform.
“Vendor” shall mean a seller of goods, services, or products who uses the Services to allow Customers to book, manage, view, and cancel appointments.
“Us,” “we,” “our,” and/or “Plethora,” refer to Plethora Technologies, LLC, a New York limited liability company with its principal offices at 405 RXR Plaza, Uniondale, New York 11553, and all its designated agents, employees, and subsidiaries.
“You,” and/or “User” mean the User of the Services, whether as a Vendor or Customer.
1.2. Agreement to be Bound.
Part II – General Provisions.
2.1. About Us; Plethora not Vendor; No Endorsement.
Plethora acts as a software service to allow its Users to book, manage, view, and cancel appointments. In addition, the Plethora Site and all related Plethora Applications allow Users to browse, view, and review content and potential service providers. Plethora does NOT have control over (1) the quality, safety, morality or legality of any aspect of any Services offered by Vendors using our Services, (2) the truth or accuracy of the listings or directory information provided to us by Vendors, (3) the timeliness or accuracy of any Vendor appointment calendar, (4) the ability of Vendors to provide Services booked, (5) the identity of any Vendor or Customer, or (6) the ability of Customers to pay for Services. We do not and cannot ensure that a Vendor or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY VENDORS WITH WHOM A CUSTOMER DIRECTLY CONTRACTS. AT NO TIME WILL A CUSTOMER/MERCHANT RELATIONSHIP EXIST BETWEEN US EXCEPT AS EXPLICITLY NOTED. In all instances, any solicitation, invitation, offer, advertisement, or communication is void where prohibited by law.
2.2. Accuracy, Completeness, and Timeliness of Information.
We are not responsible if information made available on the Services is not accurate, complete, or current, including but not limited to the corporate information of a Vendor, calendar availability, and bookings made.
2.3. Customer Service.
If you encounter any error in the Services, let us know at hello@JoinPlethora.com or by using the Plethora Application to navigate to Settings > Help & Support. We do not warrant that any errors in the Services will be corrected.
2.5. Modifications and Changes to the Services.
We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Vendor Account (as defined below). Except as otherwise expressly stated by Plethora, any use of the Services is subject to the version of this Agreement in effect at the time of use.
2.6. Access to Web site or the Services.
Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Services will be at all times available.
Use of the Services requires Internet access through your computer, mobile device, tablet or other internet-accessible device as allowed by Plethora. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Plethora does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have certain technologies enabled to use the Plethora Site, and some features and portions of the Services (including, but not limited to, making, modifying, or cancelling appointments) may not be accessible with those technologies disabled.
2.7. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account or a Vendor Account (as defined below) for any reason whatsoever. In the event that we make a change to or cancel an Account or a Vendor Account (as defined below) we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account or Vendor Account (as defined below) was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account or Vendor Account (as defined below) termination.
2.8. Prohibited Uses of the Services.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services; (l) take any action that imposes or may impose (in Plethora’s sole determination) an unreasonable or disproportionately large load on the Services or Plethora’s infrastructure; (m) rent, lease, copy, provide access to or sublicense any portion of the Services or Plethora Materials (as defined below) to a third party; (n) use any portion of the Services or Plethora Materials (as defined below) to provide, or incorporate any portion of the Services or Plethora Materials (as defined below) into, any product or service provided to a third party; (o) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Plethora); (p) modify any Services or Plethora Materials (as defined below) or create any derivative product from any of the foregoing; (q) remove or obscure any proprietary or other notices contained in the Services or Plethora Materials (as defined below); or (r) publicly disseminate information regarding the performance of the Services or Plethora Materials (as defined below) or access or use the Services or Plethora Materials (as defined below) for competitive analysis or benchmarking purposes. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
2.9. Communications Systems and Authorization to Contact You; Pop-out Information; Recording Calls; Analyzing Your Messages and other Content.
Plethora may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Plethora or its agents for quality control and training purposes, or for its own protection.
Plethora automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Plethora’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Plethora may store message contents, including to conduct this scanning and analysis.
2.10. Privacy of Others; Marketing.
If Plethora provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User’s information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
2.11. Government End Users.
The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, the Code of Federal Regulations relating to the use of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any Plethora Application with only those rights set forth therein. If you are a Government End User, please consult first with your relevant legal department prior to use to confirm your use is compliant with the standards and policies under the Code of Federal Regulations.
2.12. Export Control.
You may not use, export, or re-export any Plethora Application or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
2.13. Fraudulent Actions of Users.
Plethora is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release Plethora from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Plethora reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Part III – Customer Accounts.
3.1 Online Accounts.
3.2. Transfer Prohibited.
You agree that you shall not sell, trade, or transfer your Account to any other person or entity.
3.3. Account Guidelines.
The Services may contain the ability to communicate with other Users on one or more profiles, booking forms, platforms, comments sections, discussion forums, web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter “Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”; and
Shall not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a third party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas; and
Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.4. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3.5. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
3.6. Verification of Users.
Users wishing to participate in the Services may be asked to provide a valid mobile phone number or email address through the Plethora Application and verify such number or email address as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Plethora Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive such text verification messages at that number. Users wishing to participate in the Services may also be required to verify their identities. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill). Plethora does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity.
Any reference on the Platform to a Vendor being licensed or credentialed in some manner, or rated, reviewed, ranked, screened, or “background checked” (or similar language) indicates only that the Vendor has completed a relevant account process or met User review standards, and does not represent anything else. A background check badge means the Vendor Account holder submitted a background check and met the third-party background check services criteria to receive the background check badge. For businesses with multiple workers, this does not guarantee the specific person you’re working with has passed a background check, so be sure you’re comfortable with the person completing your request. Any such description is not an endorsement, certification or guarantee by Plethora and is not verification of the identity of the Vendor and whether they or their services are licensed, insured, trustworthy, safe, or suitable for the User. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Plethora Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Plethora has no responsibility for any damage or harm resulting from your interactions with other users.
3.7. Account Settings.
You may establish certain default settings for your use of the Services through the Plethora Application. You may change these settings through the Plethora Application.
3.8. Use of the Booking Services via Third-Party Platforms.
Part IV – Terms of Sale for Booking Services
4.1. Appointment Booking.
Plethora provides the Booking Services to Users for the purpose of assisting Customers in discovering and booking appointments with variety of participating Vendors and of assisting Vendors in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for a Vendor appointment through the Plethora Site or Plethora Application and the request is transmitted to the Vendor who either approves or rejects the requested appointment time. Users understand and agree that Plethora does not independently verify the availability of any Vendor and cannot be held liable for errors in a Vendor’s calendar, such as double-booking or bookings that are not honored by the Vendor. Once an appointment is made by a Customer through the Plethora Site or Plethora Application, Plethora will provide confirmation of the appointment to both the Customer and Vendor by in-app notification (and push notification, if enabled by the User in the Plethora Application settings). By using the Booking Services, Users agree to receive appointment confirmations and reminders by in-app notification (with optional push notification if enabled), and/or any chatbot-related or voice-assisted technology with which Plethora may engage. Plethora shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User.
4.2. Appointment No-Show & Cancellation Policy.
Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of Plethora, in the event that such account activity is detrimental to orderly Services with Vendors and members of the Plethora community.
4.3. Usage Guidelines.
User agrees to use the Booking Services only to book appointments at Vendors and then honor those appointments by arriving on time or being present at the agreed upon location on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.
4.4. Sale Prices.
Plethora encourages Vendors to make a list of their prices and the terms of payment for Vendor services available at the time of booking via the Plethora Application; however, Vendors may modify or change these fees at any time, in their sole discretion. The Plethora Site and Plethora Application support both included and excluded tax systems. In the former, the prices presented are the final prices including all sales taxes, and, in the latter, such taxes will be added to the final price after the service is rendered. The decision as to which system should be used is up to the Vendor.
4.5. Responsibility for Payment.
Customer is solely responsible for payment of any charges for Vendor Services which the Customer agrees to pay. Any disputes regarding payment must be handled solely between Customer and Vendor. Plethora is not responsible for guaranteeing and payments or refunds relating to the provision of any Vendor services.
4.6. Receipts and Transaction History.
All past bookings made in connection with the Services are visible in your Account in the Plethora Application and/or Plethora Site. Receipts for payment are not available on the Plethora Application or Plethora Site and must be provided by or requested from the Vendor at the time of the transaction or service.
5.1. Unauthorized Business.
In addition to the forgoing prohibited uses, our Plethora Application and the Plethora Site may not be used by a Vendor to cause us to sell on his, her, or its behalf any of the following products or services, (hereinafter “Unauthorized Business:”) (1) any illegal activity or goods; (2) drugs and tools intended for the production of drugs; (3) pharmacies or pharmacy referral services; (4) betting, including lottery tickets, sports related gambling, casinos; (5) provision of any services requiring licensure without a required license, with the Vendor bearing sole responsibility for holding the requisite license and the Customer bearing sole responsibility for verifying the existence of any such license; (6) money transfer; (7) sale of securities; (8) pyramid selling or multi-level marketing; (9) counterfeit goods and goods infringing on third party intellectual property rights; (10) adult entertainment oriented products or services; (11) escort or sexual services; (12) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury; (13) internet/mail order/telephone order of age-restricted products (e.g., tobacco, alcohol); (14) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism; (15) any other sales of products or services in highly-regulated industries; and (16) illegal software or illegal downloads such as music, films, or games. Violations of this requirement may result in account termination.
5.2. Vendor Accounts, Generally.
When registering a Vendor Account, you represent that you are authorized to act on behalf of the Vendor and must provide true, accurate, current, and complete data about the Vendor being registered.
You also agree to promptly update your Vendor Account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Vendor Account and the information in your Vendor Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Vendor Account, whether or not authorized by you. You agree to immediately notify Plethora of any unauthorized use of your Vendor Account or any other breach of security related to your use of the Services.
5.2.1 Vendor Employee Accounts.
5.3. Registration, Service Fees.
Registration of a Vendor Account may or may not be free of charge, depending on the region of the Vendor’s business activity or type of services provided, thus, you may have to pay a fee to register your Vendor Account (“Registration Fee”). The exact amount of Registration Fee will depend on type and location of your Vendor. Plethora reserves the right to change, from time to time and in its full discretion, the locations or types of Vendors which benefit from the reduced or waived Registration Fee.
Registration Fees shall be transferred via acceptable payment methods as set forth by us at the time of registration or as otherwise communicated to the Vendor. In addition to the Registration Fee, you agree that a specified fee will be monthly, annually, or every three (3) years depending on your arrangement with Plethora, transferred from said acceptable payment method account for placing your offers via Services and maintaining the Vendor account (“Vendor Membership Fee”). The first Vendor Membership Fee will be transferred at the moment of registration along with the Registration Fee, if applicable. Plethora reserves the right to waive or reduce your Vendor Membership Fee for a certain period in its sole discretion, such as in the event of a free trial period. After such period, you will be presented with an offer of a certain Vendor Membership Fee and a pertinent amount will be transferred from your account if you agree to its conditions. Plethora reserves the right to block or delete the accounts of Vendors which do not transfer required fees.
5.4. Creation of Account on Third-Party Platform.
5.5. Cancellation of a Vendor Account.
Please be advised that cancellation of a Vendor Account with Plethora may not cancel or cause to be deleted a Vendor account on a Third-Party Platform. To cancel or request to be deleted such accounts, Vendors should contact such Third-Party Platform directly.
5.6. Compliance with all Terms of Sale.
All sales and accepted bookings shall be binding. Vendor agrees and acknowledges that he, she, or it, and not us, shall be solely responsible for delivery of any and all purchased services to Customers and that a contract for sale arises at the point where a Customer utilizes the Booking Services to book a service. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set down in these Terms.
5.7. Vendor Warranties; Restrictions.
In addition to the Unauthorized Business and prohibited use of the Services set forth in these Terms, Vendor warrants that any and all services (a) are not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; (b) have not been identified by the U.S. Consumer Products Safety Commission and any other regulations set forth by the countries of Vendor and Customer as hazardous to consumers and, therefore, are not services subject to a recall; (c) are not counterfeit; (d) do not offend against the law of any country whose citizens might purchase or receive the services; and (e) do not violate the rules and regulations promulgated by the U.S. Food and Drug Administration (“FDA”). Vendor warrants further that he, she, or it owns all copyrights, trademarks and other intellectual property related to any Vendor Account information provided to us or that Vendor has the permission of the intellectual property rights holder (a) to place the Product(s) into the stream of commerce; (b) to receive the net proceeds of such sales as arise; and (c) to defend the intellectual property in the Product(s). Finally, Vendor warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms. Upon our request, Vendor shall provide us with sufficient documentary evidence of such authorization or waiver. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required.
Any and all governmental employees, agencies, and/or agents must identify themselves to us upon their entering the Plethora Site, and when ordering any products from the Plethora Site.
5.8. Listing Description.
By listing services available for booking via the Services, Vendor must accurately describe the services it provides and all terms of sale. Vendor’s listings may only include text descriptions and other content relevant to the sale of that service and must be listed in an appropriate category with appropriate tags.
5.9. Maintenance of Calendar.
Vendor is responsible for the accurate maintenance and updating of its calendar to show current, correct availability for the Booking Services. In no event shall Plethora be held liable for double-bookings or other schedule-related errors.
5.10. Ethical Selling Tactics Required; Communication with Customers.
Vendors shall utilize ethical selling tactics when promoting any and all services including refraining from the making of false and/or misleading statements regarding the services and/or Vendor. Vendors expressly agree to conduct themselves at all times in an ethical, moral, and lawful manner. In order to assist with the same, Plethora may from time to time in its sole and exclusive discretion place limits on the types of communications that Vendors may send to Customers, including but not limited to mass targeted marketing campaigns via SMS text, email, or push notification.
In addition to the forgoing, Vendors shall not abuse any communication system made available via the Plethora Application or the Plethora Site, including the use of auto-responders. Vendors understand that such auto-responders may or may not be activated automatically upon registration of a Vendor Account, depending on jurisdiction, and can be modified by Vendor via its account settings.
5.11. Compliance with Law.
In addition to the other requirements to comply with laws, regulations, and terms set forth herein, Vendors agree to obey any and all local, state, and federal regulations and laws regarding solicitation and sales.
5.12. Freedom of Promotional Methods.
Notwithstanding the forgoing, Vendors shall be free to choose on which social media platforms and through such other mediums and sales channels they promote their services and use of the Services, including the ability to choose his, her, or its own operation means, methods, locations, and hours.
5.13. Right of Refusal.
Vendor may refuse to accept a booking made via the Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other rule or regulation.
5.14. Policies, Terms of Sale Required.
5.15. Transaction History.
You may, at any time, access your transaction history via the “Pings” screen. While we endeavor to keep all such information complete, timely, and accurate, we do not warrant that all transaction history shall be error-free. You are encouraged to maintain your own transaction history and to verify the same. By using the Plethora Application and Plethora Site you acknowledge that your reliance on any such information provided by Plethora is at your own risk. Plethora shall not be held liable in the event such information is inaccurate or incomplete.
Part VI – Intellectual Property; Privacy.
6.1 Intellectual Property Rights Not Waived.
Furthermore, all material displayed or transmitted on the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on the Services for personal, non-commercial use only, provided that you do not remove or cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Services without our express written permission. All requests for archiving, republication, or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to hello@JoinPlethora.com.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to Plethora or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority, or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.
6.3 Grant of License by User.
6.4 Confidential Information of Customers.
6.5. Application License by Plethora.
Subject to the terms and conditions of this Agreement, Plethora grants User a non-exclusive, non-transferable, revocable license to use the Plethora Application, in object code form only, on User’s compatible devices including but not limited to mobile devices, solely to support User’s permitted use of the Services.
6.6. DCMA Notice of Infringement.
If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. In order for us to take action, you must do the following in your notice: (a) provide your physical or electronic signature; (b) identify the copyrighted work that you believe is being infringed; (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; (d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Compliance Department Plethora Technologies, LLC 405 RXR Plaza Uniondale, New York 11553 Phone: 516-830-8994 Email: hello@JoinPlethora.com
Part VII – Third-Party Advertisements, Promotions, Platforms, and Links.
7.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third parties on the Services. Your dealings or correspondence with, or participation in promotions of advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
7.2. Use of Third-Party Tools and Platforms.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and Third-Party Platforms.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.3. Third-Party Links.
Certain content, products, and services available via our Services may include materials from third parties.
Third-party links on the Services may direct you to third-party web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party Materials or Web sites and/or services, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Services. Please review carefully the third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Part VIII: Disclaimers; Limitations of Liability; Indemnification
8.1. Disclaimer Of Warranty; Limitation of Liability.
You agree that use of the Services is at your sole risk. Neither us nor our affiliates nor any respective employees, agents, third-party content providers or licensors warrant that the use of the Services shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information provided.
Although all information and materials carried on Services are believed to be reliable, we make no representations, neither expressly nor impliedly, as to the accuracy, completeness, timeliness, or reliability of the Services.
To the maximum extent permitted by law, in no event shall we, our employees, subsidiaries, parents, agents, partners, third-party content providers, affiliates, vendors, and/or our or their respective directors and officers be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, including but not limited to loss of profits, personal injury or death, property damage, reputational harm, or loss of information or data, and even if advised of the possibility of such damages, which arise out of or are any way connected with or relate to (1) this Agreement, (2) any use of the Services, hardware or accessories, materials, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of the Services), or (4) your appointment with any Vendor or the performance, non-performance, conduct, or policies of any Vendor or Customer in connection with the Services. In addition, you specifically understand and agree that any third party directing you to the Plethora site by referral, link, or any other means is not liable to user for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the Services. Plethora is neither an agent of nor otherwise associated with any Vendor for which a Customer has made a reservation.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally-identifiable information. By utilizing the Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or otherwise utilize the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain Users.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees, and agents. You and Plethora understand and agree that the disclaimers, exclusions, and limitations in this section are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Plethora would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, users, and agents, from and against all claims, suits, and expenses, including attorneys’ fees, arising out of or related to (a) your use of the Plethora Site and/or the Plethora Application; (b) your noncompliance with or breach of this agreement; (c) your use of third-party services, platforms, products, links, advertisements, and/or tools; (d) your violations of any third-party rights, including third-party intellectual property rights in submissions and feedback; (e) the unauthorized use of the Services by any other person using your information; (f) your failure to comply with the network rules or pci-dss security standards, including the compromise of any payment information.
You understand that Vendors and Customers are solely responsible for their interactions between each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you, your Vendor as a result of your (or such recipient’s) interaction with a User or visit to any Vendor or from any product or service of any Vendor. You hereby release Plethora from any and all such Claims. In connection with the foregoing, if you are a California resident, you hereby waive California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Plethora pertaining to the subject matter of this section.
Part IX – Governing Law; Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection.
9.1. Governing Law.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles that provide for the application of the law of another jurisdiction.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitration choice related to the controversy, dispute, demand, count, claim, or cause of action) between you and Plethora or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the American Arbitration Association (“AAA”) Rules and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from AAA. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively, the “Rules and Procedures”). You are thus giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. You and Plethora must abide by the following rules: (1) any claims brought by you or Plethora must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Plethora will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Plethora also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Plethora may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in or covering Nassau County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Nassau County, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Nassau County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Plethora shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in or covering Nassau County, New York.
Part X – Miscellaneous.
10.1. Customer Service.
Should you have any questions, comments or concerns regarding the Services, customer service may be contacted at any time at +1 (516) 830-8994 or via email at hello@JoinPlethora.com or by postal mail at Plethora Technologies, LLC, 405 RXR Plaza, Uniondale, New York 11553.
10.2. Affiliate Disclosure.
We may have an affiliate relationship with third parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate or partnership.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
10.5. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as a storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Plethora.
10.7. Rights of Third Parties.
These Terms do not give any right to any third party unless explicitly stated herein.
10.8. Relationship of the Parties.
The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has authority to enter into terms of any kind in the name of the other party or of any third-party that may have a right pursuant to these Terms.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Plethora Technologies, LLC, 405 RXR Plaza, Uniondale, New York 11553, and in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
10.11. Effective Date.