TERMS OF SERVICE FOR MY PLANT EXCHANGE

1. Acceptance of Terms of Service

The My Plant Exchange is provided free of charge to you (unless otherwise indicated). "My Plant Exchange" is defined by link to these Terms of Service, and includes but is not limited to, the websites located at the following URL (including all content, services, products, features or tools appearing on such website): www.MyPlantExchange.com. My Plant Exchange may be viewed simply by visiting the website; you will need to register as a member of the My Plant Exchange to post messages in the forums and certain other services. These Terms of Service will govern your use of the My Plant Exchange and all content, services, products, features and tools, including your personal website, exchange page and journal, provided in connection with the My Plant Exchange. BY VISITING THE MY PLANT EXCHANGE OR COMPLETING THE MEMBER REGISTRATION PROCESS AND SELECTING THE "SUBMIT REGISTRATION" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. My Plant Exchange shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not visit or register for any websites on the My Plant Exchange. From time to time these Terms of Service with additional terms pertaining to specific content, services, products, features or tools ("Additional Terms"), which Additional Terms may be placed on the My Plant Exchange to be viewed in connection with the specific content, services, products, features or tools and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. In addition, from time to time terms may amend or otherwise modify these Terms of Service, as set forth in Section 4 below. Unauthorized access, distribution, reproduction, copying, retransmission, publication, trade, exchange, sale, exploitation (commercial or otherwise) or any other form of transfer of any portion of the My Plant Exchange, including but not limited to all content, services, products, features or tools, is hereby expressly prohibited.

2. Registration Information/Privacy Policy

When you register for the My Plant Exchange, you will be required to provide at least the following information: your name, e-mail address, country, state, zip code, member name and password. You may choose to access your membership record to provide the My Plant Exchange with additional information or change your personal information entered during registration. Any personally identifiable information provided by you or gathered from you during any visit by you to the My Plant Exchange shall be subject to the terms of My Plant Exchange Privacy Policy, which are incorporated herein by reference. Click here if you wish to read My Plant Exchange Privacy Policy. My Plant Exchange reserves the right to offer products and services of My Plant Exchange and of affiliated and unaffiliated third parties to you in accordance with the terms of My Plant Exchange Privacy Policy. My Plant Exchange further reserves the right to (i) terminate your membership in the My Plant Exchange and/or your access to any specific content, services, products, features or tools and (ii) block, remove access to or delete your personal website, exchange page and journal from and through the My Plant Exchange, learns or suspects in its sole discretion that you have provided My Plant Exchange with false or misleading registration information, or if you have created multiple membership accounts.

3. Termination

My Plant Exchange reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your membership with or your access to the My Plant Exchange (or any portion thereof) and/or any other content, services, products, features or tools provided to you in connection with the My Plant Exchange, including but not limited to your personal website, exchange page and journal.

4. Modifications of these Terms of Service

My Plant Exchange may amend or otherwise modify the Terms of Service from time to time in its sole discretion. The Terms of Service will be available through links placed throughout the My Plant Exchange. Please check before accessing My Plant Exchange features to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, you must (i) discontinue your use of the My Plant Exchange and (ii) if you are a My Plant Exchange member, arrange to cancel your membership immediately by notifying My Plant Exchange that you are canceling your membership by sending an email. YOUR CONTINUED USE OF THE MY PLANT EXCHANGE FOLLOWING ANY CHANGES TO THESE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF ANY SUCH CHANGES.

5. Modifications of the My Plant Exchange

My Plant Exchange may modify or discontinue the My Plant Exchange, or any portion thereof, or any content, services, products, features or tools related thereto, with or without notice to you and without liability to you or any third party, except as otherwise expressly provided herein.

6. Guidelines

You alone are responsible for the content of your messages posted to or otherwise made available through or in connection with the My Plant Exchange and for any consequences of such messages. You agree to abide by the following guidelines, and My Plant Exchange reserves the right to terminate your access to and/or membership in the My Plant Exchange if My Plant Exchange becomes aware, learns or suspects, in its sole discretion, that you are violating any of the following guidelines:

• Any use by you of any other members or site visitor's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The My Plant Exchange is to be used by you for your personal use only. Commercial uses of the My Plant Exchange are strictly prohibited unless prior written consent from My Plant Exchange has been granted.
• You agree that you will not use information gathered from or in connection with the My Plant Exchange for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. You further agree not to harvest or collect information about visitors to the My Plant Exchange without their express consent.
• You agree not to send via the My Plant Exchange or post on forums or any other place on the My Plant Exchange any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, gives rise to civil liability, otherwise violates any applicable local, state, national or international law or regulation, or encourages the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the My Plant Exchange.
• You agree not to make postings of a commercial nature;
• You agree not to use the Exchanges to solicit donations. All requests must be in the context of arranging a trade. All Exchanges are restricted to users from the U.S., region and states. If not indicated otherwise, the Exchanges are restricted to residents of the U.S. To find an exchange for your location, you may refer to the Exchange Index. Each post to an Exchange must have a type of trade, subject and a message.
• Trading is done at your discretion. My Plant Exchange has no control over or responsibility for trades arranged. Messages addressed to or meant for particular users should be sent via email and are not allowed in the Exchanges.
• If you have trouble with another person coming through with their end of a trade, you must deal with it privately and not through the forums. Any public accusation in the forums, or elsewhere on the My Plant Exchange, will result in the accuser being banned.
• You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of My Plant Exchange. You further agree not to use an inappropriate member name of any kind.
• You agree not to restrict or inhibit any other visitor from using the My Plant Exchange, including, but not limited to, by means of "hacking," "denial of service" attacks or defacing any portion of the My Plant Exchange.
• You agree not to express or imply that any statements you make are endorsed by us, without our prior written consent.
• You agree not to modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile or disassemble any portion of the My Plant Exchange.
• You agree not to "frame" or "mirror" any part of the My Plant Exchange without our prior written authorization.
• You agree not to tamper in any way with the software or functionality of the My Plant Exchange, including, but not limited to, transmitting or posting any software or other materials to the My Plant Exchange that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
• You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the My Plant Exchange or its contents.
• You agree not to create a database by systematically downloading and storing all or any of the information on the My Plant Exchange.
• You agree not to permit others, including those whose memberships have been terminated, to access this website through your membership account or password.
• You agree not to create multiple memberships and/or memberships for another individual. Each individual must create his or her own membership.

In addition, while accessing or using the My Plant Exchange, you agree to comply with all applicable laws, rules and regulations.



7. Rights in Content

You acknowledge that (i) My Plant Exchange permits access via the My Plant Exchange to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the My Plant Exchange, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the My Plant Exchange is not protected by Rights rests with you. You acknowledge that My Plant Exchange may acquire Rights to use any posted materials as described below and that you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include your member name, to any "public area" of the My Plant Exchange, including, but not limited to, the forums and your personal website, exchange page and journal, you grant My Plant Exchange a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use.

8. Third Party

You may order services or merchandise through the My Plant Exchange from third parties not affiliated with My Plant Exchange ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. My Plant Exchange makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider My Plant Exchange, nor will My Plant Exchange be construed as, a party to such transactions, whether or not My Plant Exchange may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. My Plant Exchange may include special routing icons which may be located within the My Plant Exchange, the activation of which will allow you to access and learn more about My Plant Exchange and other services provided by My Plant Exchange whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

9. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree not to permit others, including those whose accounts were terminated, to access the My Plant Exchange through your membership, username or password. You agree to immediately notify My Plant Exchange of any unauthorized use of your registration or password.

10. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by My Plant Exchange infringe your copyright, you (or your agent) may send My Plant Exchange a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow My Plant Exchange to locate the material on the My Plant Exchange; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send My Plant Exchange a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

11. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE MY PLANT EXCHANGE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, FEATURES AND TOOLS USED AND/OR PRODUCTS OR SERVICES ACCESSED OR PURCHASED THROUGH THE MY PLANT EXCHANGE, IS AT YOUR SOLE RISK. THE MY PLANT EXCHANGE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY PLANT EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. MY PLANT EXCHANGE MAKES NO WARRANTY THAT THE MY PLANT EXCHANGE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO OR USE OF THE MY PLANT EXCHANGE, INCLUDING BUT NOT LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH MY PLANT EXCHANGE FORUMS OR OTHER MESSAGING TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE SERVERS ON WHICH THE MY PLANT EXCHANGE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES MY PLANT EXCHANGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MY PLANT EXCHANGE. MY PLANT EXCHANGE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE MY PLANT EXCHANGE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MY PLANT EXCHANGE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT MY PLANT EXCHANGE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY MY PLANT EXCHANGE OR OTHER MY PLANT EXCHANGE MEMBERS IN CONNECTION WITH THE MY PLANT EXCHANGE. MY PLANT EXCHANGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MY PLANT EXCHANGE, THE MY PLANT EXCHANGE NOR THE MY PLANT EXCHANGE.S VISITORS AND MEMBERS, WHILE SUCH VISITORS AND MEMBERS ARE PARTICIPATING IN THE MY PLANT EXCHANGE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MY PLANT EXCHANGE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. MY PLANT EXCHANGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE MY PLANT EXCHANGE, ITS CONTENT, SERVICES, PRODUCTS, FEATURES OR TOOLS. YOUR PARTICIPATION IN THE MY PLANT EXCHANGE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY PLANT EXCHANGE OR THROUGH THE MY PLANT EXCHANGE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MY PLANT EXCHANGE MAKES NO WARRANTY REGARDING ANY CONTENT, SERVICES, PRODUCTS, FEATURES, TOOLS OR SERVICES PURCHASED OR OBTAINED, THROUGH THE MY PLANT EXCHANGE OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE MY PLANT EXCHANGE. IF MY PLANT EXCHANGE COMMERCE PARTNERS SEND E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS, PROMOTIONS OR OTHER COMMERCIAL MESSAGES, NEITHER MY PLANT EXCHANGE NOR SUCH COMMERCE PARTNERS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF ANY SUCH E-MAIL MESSAGES OR WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE ADVERTISED OR PROMOTED IN SUCH MESSAGES OR OBTAINED IN CONNECTION WITH SUCH MESSAGES, AND YOU AGREE THAT NEITHER MY PLANT EXCHANGE NOR SUCH COMMERCE PARTNERS SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING ADVERTISING ON THE MY PLANT EXCHANGE, MY PLANT EXCHANGE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND MY PLANT EXCHANGE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS.

12. Limitation of Liability

YOU AGREE THAT MY PLANT EXCHANGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MY PLANT EXCHANGE, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES AND/OR CONTENT ACCESSED, USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH THE MY PLANT EXCHANGE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MY PLANT EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT WILL MY PLANT EXCHANGE.S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID MY PLANT EXCHANGE TO ACCESS THE MY PLANT EXCHANGE OR TO USE SPECIFIC CONTENT, SERVICES, PRODUCTS, FEATURES OR TOOLS MADE AVAILABLE BY MY PLANT EXCHANGE ON THE MY PLANT EXCHANGE.

13. Rules for Sweepstakes, Contests and Games

Any sweepstakes, contests or games that are accessible through the My Plant Exchange are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. My Plant Exchange urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information that you submit in connection with such sweepstakes, contests and games.

14. Indemnification

You agree to indemnify and hold each of My Plant Exchange, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claims, demands, damages, losses, costs including reasonable attorney fees, or other expenses, made by any third party due to or arising directly or indirectly out of your use of the My Plant Exchange, the violation of these Terms of Service by you, or the infringement or violation by you, or any other member or user of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflicts of laws provisions. By registering for or accessing the My Plant Exchange, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the County of Anne Arundel in the State of Maryland.

16. Remedies for Breach of these Terms by You

In the event that My Plant Exchange determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the My Plant Exchange, My Plant Exchange reserves the right to (i) warn you via email (to any email address you have provided to My Plant Exchange) that you have violated these Terms of Service; (ii) delete any or all content provided by you to My Plant Exchange; (iii) discontinue your registration(s) with the My Plant Exchange and/or any other My Plant Exchange community; (iv) discontinue your subscription to any content, service, product, feature or tool provided or purchased through the My Plant Exchange; (v) deny you access to or restrict your use of the My Plant Exchange; (vi) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vii) any other action which My Plant Exchange deems to be appropriate. If your registration with My Plant Exchange website and/or any other content, service, product, feature or tool provided to you by My Plant Exchange is discontinued by My Plant Exchange due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the My Plant Exchange, then you agree that you shall not attempt to re-register with or access any website controlled, owned or operated by My Plant Exchange and/or any other content, service, product, feature or tool provided by My Plant Exchange, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those services, products, content, features and/or tools to which your access has been terminated. In the event that you violate the immediately preceding sentence, My Plant Exchange reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.

17. Notice for California Users

Under California Civil Code Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Links

The My Plant Exchange may contain links to other websites and online resources. Links on the My Plant Exchange to other websites or online resources shall not be construed as endorsement, control, review or approval of such other websites or online resources by My Plant Exchange. You acknowledge and agree that My Plant Exchange shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or online resources, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Further, the treatment of user data by the operators of third party websites may be different from My Plant Exchange's treatment of user data. For details regarding such operators, treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.

19. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. My Plant Exchange may assign its rights and/or obligations under these Terms of Service and upon such assignment My Plant Exchange may be relieved of any further obligation hereunder. You represent to My Plant Exchange that you have the authority to register with or visit the My Plant Exchange according to these Terms of Service. My Plant Exchange does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the My Plant Exchange. My Plant Exchange reserves the right to terminate free access to the My Plant Exchange including any or all content, services, products, features or tools, with or without notice to you. My Plant Exchange reserves the right (at My Plant Exchange's sole discretion) to provide you with notice of such change by prominently posting a notice on the My Plant Exchange and/or sending written notice to you at any e-mail and/or post office address you have provided to My Plant Exchange. Once free access is terminated My Plant Exchange may charge each visitor or member any applicable fee, surcharge and/or membership fee for access to the My Plant Exchange and/or any for-pay content, services, products, features or tools. These Terms of Service and any applicable Additional Terms constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of My Plant Exchange, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.