Terms and Conditions

Plumeria.ai

TERMS & CONDITIONS

 

Welcome to Plumeria.ai (the “Site”). The Site is comprised of various web pages, services and/or products operated and/or sold by Web Without Borders (“Company” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such terms. By visiting the Site and/or engaging the services and/or purchasing the products of Company, you, the User, engage in our “Services” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

 

Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by Company. Company reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.

 

PRIVACY POLICY. Your use of the Site is subject to Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

ELECTRONIC COMMUNICATIONS. Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

The Site may include certain features or services that are available via your mobile phone (the “Mobile Services”). You may have the option to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services of Company by providing your mobile number as a contact point, you agree that Independent may communicate with you by short message service (“SMS”), multimedia messaging service (“MMS”), text message and/or any other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Company. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.

 

CHILDREN UNDER THIRTEEN. Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use the Site only with permission of a parent or guardian.

 

LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service and/or functionality on behalf of the Site’s users and customers.

 

ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION. Company is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user’s own risk.

 

MODIFICATIONS TO COMPANY’S SERVICES AND/OR PRICES. Prices for our services are subject to change without notice. Company reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. Company shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services it offers.

 

COMPANY’S SERVICES. The services provided by the Company, including but not limited to chatbots, automations and integrations (collectively the "Services"), are provided for informational and entertainment purposes only. The Services are NOT to be taken as medical, legal and/or any other professional advice. You should not act or refrain from acting based on any information contained in the Services without seeking advice from a licensed professional. The user shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Services. Illegal activities will be reported to the authorities by Company.

 

Company reserves the right to limit the rendering of its services to any person, geographic region and/or jurisdiction. Company may exercise this right on a case-by-case basis. All descriptions of services or services pricing on the Site is subject to change at any time without notice at the sole discretion of Company. Company does not warrant that the quality of its services and/or information obtained by a user of the Site will meet the user’s expectations or that any errors in the services offered by Company will be corrected.

 

User is solely responsible for creating and implementing User’s own decisions, choices, actions and results arising out of or resulting from the User’s use of the Site, services and/or products of Company. As such, User agrees that Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Company, the Site and/or products of Company.

 

USER CONTENT. In accessing the Site, you may provide and/or post content (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.

 

You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms.

 

By uploading User Content, you grant to Company, and represent and warrant that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and/or to incorporate it in other works in any form, media, or technology. You also agree that Company is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Do not send Company any ideas, suggestions and/or any other content that you wish to keep confidential or for which you expect to receive compensation.

 

ACCURACY OF BILLING INFORMATION. Any and all users of the Site agree to provide current, complete and accurate payment information. Any and all users of the Site agree to promptly update their payment information, including, but not limited to, their email address and/or credit card numbers (if applicable) and expiration dates so Company may complete transactions and contact users as needed.

 

PAYMENT & BILLING TERMS. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid debit or credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated debit or credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Company with your debit or credit card number and associated payment information, you hereby authorize Company immediately charge your debit or credit card for all fees and charges due and payable to Company hereunder or credit your debit or credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the debit or credit card used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.

 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.

 

FAIR USE POLICY. Company strives to provide the Services fairly to all Users while maintaining correspondingly high levels of quality. In order to do so, we maintain this Fair Use Policy which applies to all Users.

 

The Services contain many features with varying effects on shared processing resources and data generation. Under this Fair Use Policy, Company has established certain “outer-bound” parameters intended to maintain the quality, availability, stability, uniformity, and performance of the Service (collectively the “Parameters”). Nearly all Users regularly fall well within the Parameters. Exceeding the Parameters may result in (a) a user’s limitation of access to the Services, with or without warning; and/or (b) additional costs as may be set forth in an applicable Order Form.

 

This Fair Use Policy is considered part of the agreed terms for a user to access and/or utilize the Services. Company reserves the right to update this Fair Use Policy, at any time, including, but not limited to, changing the Parameters provided above. If Company determines that a user fails to comply with this Fair Use Policy, Company may first lock your workspace and issue you a warning. Continued failure to comply may result in account suspension and/or cancellation, in Company’s sole discretion.

 

INTERNATIONAL USERS. The Site is controlled, operated and administered by Company from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

   

CLASS ACTION WAIVER. Any arbitration and/or legal proceeding under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Company agree otherwise, the arbitrator and/or judge may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

LIABILITY DISCLAIMER. The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Company may make improvements and/or changes in the site at any time.

 

Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and/or services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided "as is" without warranty or condition of any kind. Company hereby disclaims all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Company has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and/or the services and products of Company.

 

No information provided by Company to you constitutes legal, career and/or any other type of professional advice on Company’s part. Your use of the services and/or products of Company does not form an attorney-client, employer-employee or any other professional relationship between you and Company.

 

All information provided by Company are to be relied on at your own risk. Company makes no representations and/or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information provided by Company to you for any purpose.

 

To the fullest extent permitted by applicable law, in no event will Company, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Company and its affiliates, officers, directors, employees, agents, suppliers and licensors relating to the services will be limited to the amount being the greater of One U.S. Dollar ($1.00) or any amounts actually paid in cash by you to Company for the prior one (1) month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Some jurisdictions do not allow the limitation of certain warranties, so certain limitations in this section may not apply to you.

 

TERMINATION/ACCESS RESTRICTION. Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

 

GOVERNING LAW & VENUE. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in the State of California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

ACCESSIBILITY STATEMENT. Company is committed to promoting digital accessibility for people with disabilities. We are continually improving the user experience for all Site visitors and applying the relevant accessibility standards. Company has taken careful measure to ensure an excellent user experience, regardless of the assistive technology being used to access this Site. Despite our efforts to ensure accessibility of this Site, there may be some limitations. When third party components or websites are used on the Site which are not controlled by Company, they may present challenges for individuals with disabilities that Company is not able to remedy. Despite Company’s efforts to make Site browsing accessible for people with disabilities, some pages may not be accessible, or the appropriate technological solution has not yet been found for a variety of reasons. Company is dedicated to keep improving the accessibility features and interface of our Site. If you’d like any further information on our accessibility standards, please contact Company at: support@yogamu.org.

 

MISCELLANEOUS PROVISIONS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

CHANGES TO TERMS. Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US. Company welcomes your questions or comments regarding these Terms and Conditions. If you believe that Company has not adhered to these Terms and Conditions, please contact Company at: support@yogamu.org

 

Effective as of June 15^th, 2023.