By using the theplantium.com web site ("Service"), or any services of The Plantium Company Inc ("The Plantium"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If material changes to these Terms are made by The Plantium, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://app.theplantium.com/register.
Violation of any of the terms below will result in the termination of your Account. While The Plantium prohibits such conduct and Content on the Service, you understand and agree that The Plantium cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
You must be 13 years or older to use this Service. If you are between the ages of 13 and 18, you may use this Service with your parent's or guardian's permission.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your name, a valid email address, and any other information requested to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. The Plantium cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Payment, Refunds, Upgrading, and Downgrading Terms
There are many payment and subscription options available for using this Service. These options can be found at https://theplantium.com/pricing/ and may change from time to time. Once you register at any of these payment plans, your subscription has begun and you can immediately access the Service.
14-day Free Trial. Free 14-day trial of the Service is available on all subscription options so you can try the Service before starting a paid subscription. If you register for a free 14-day trial you can cancel at any time during the free trial and incur no charge. If you do not cancel within 14 calendar days of the Account Creation Date, your paid subscription will begin on the 15th day. Registration on all subscription plans (except an Academic Account) must enter a valid form of payment.
Academic Account. Academic accounts are available to full-time students and full-time instructors in certified or accredited landscape, horticultural, or similar programs. A valid university address is required. Free academic accounts are not required to provide valid payment details and are only available to register at https://app.theplantium.com/register-student. Student accounts shall expire upon graduation from your program but may be upgraded to a paid account via the limited time Grad Special offer.
Paid Subscriptions. Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) paying an annual subscription fee. Monthly subscriptions renew automatically each month on the date the first monthly payment began (on the 15th day after account creation). Annual subscriptions renew automatically each year on the date the annual subscription payment began (on the 15th day after account creation). You will be charged the rate stated at the time of purchase via the billing method you have provided to us. Please ensure that your billing information is correct to prevent your subscription from lapsing.
Show Special and 30% Special. These regularly offered specials are provided as a recurring price for users that subscribe during these specials and a Show Special or a 30% OFF Special will renew at that same subscription price each year or until these terms and conditions are updated. All cancellation terms apply.
Grad Special. This is a limited time offer. The Grad Special is intended for use only by recently graduating students who are just entering the workforce as a landscape professional. This special will transition a 1 (one) seat Academic Account to a paid account at an annual cost of $99.95. When the Grad Special subscription ends in one year, the subscription will renew at the Young Professional Plan Sale price of $20/ month or $199.95/ annual and remain at that price for an additional 24 months. The subscription will then renew at the full sole proprietor subscription price thereafter or at an applicable sale price. All cancellation terms apply or contact support@theplantium.com to add additional seats to this account or to transition account to a full company account.
Promotional Specials. 50% Special Offers are one-time introductory offers. When your Promotional Special (50% Off Sale) subscription renews in one year, the subscription will renew at the Off-Season Special price of $27.50/ month or $290/ annual and remain at that price thereafter. All cancellation terms apply.
Cancellation, Modification, Refunds, and Termination Terms
You are solely responsible for properly canceling, upgrading, or downgrading your account. A formal request to terminate an account must be sent by an account admin user to support@theplantium.com. The request must include your Company Name, email address associated with your account, and username used to access The Plantium, and requested modification. You may also modify or cancel your account by visiting 'My Account' inside the Service.
Cancelling Monthly Subscription Packages. You are solely responsible for properly canceling your account. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable once billed. Subscriptions billed on a monthly basis may be cancelled at any time prior to two business days before your renewal date but are not eligible for a refund. If you cancel your monthly subscription, you will retain access to your Services for the remainder of that month. If you do not cancel your subscription prior to two days before your renewal date, we will renew your subscription for one more month. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds outside terms listed in upgrading and downgrading accounts, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. Account content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. When changing from a monthly billing cycle to a yearly billing cycle, The Plantium will bill for a full year at the next monthly billing date. All applicable annual subscription package terms will then apply.
Cancelling Annual Subscription Packages. You are solely responsible for properly canceling your account. For annual payment plans, the Service is billed in advance on an annual basis and is non-refundable once billed. Subscriptions billed on an annual basis may be cancelled at any time up to 30-days prior to your renewal date but are not eligible for a refund for any portion of that year. If you cancel your subscription, you will retain access to your Services for the remainder of that year. If you do not cancel your subscription prior to 30-days before your renewal date, we will renew your subscription for one more year. There will be no refunds or credits for partial years of service, upgrade/downgrade refunds outside terms listed in upgrading and downgrading accounts, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. Account content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
Upgrading Accounts. When upgrading the number of users on a monthly subscription package, the credit card that you provided will automatically be charged the new rate on your next billing cycle. When upgrading the number of users on an annual subscription package, The Plantium will immediately charge the difference in plan cost, prorated for the remaining time in your yearly billing cycle.
Downgrading Accounts. When downgrading the number of users on a monthly subscription, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading a monthly account requires notification two business days in advance of your renewal date. When downgrading the number of users on an annual subscription package, The Plantium will charge the reduced annual subscription package cost at the annual renewal date. Downgrading an annual account requires 30-day notification. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Plantium does not accept any liability for such loss.
Termination of Service. The Plantium, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other The Plantium service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Plantium reserves the right to refuse service to anyone for any reason at any time. In the event that The Plantium takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
Modifications to the Service and Prices
The Plantium reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to The Plantium Homepage (theplantium.com) or to the Service itself.
The Plantium shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your content.
The Plantium does not pre-screen Content, but The Plantium and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend The Plantium against any claim, demand, suit or proceeding made or brought against The Plantium by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify The Plantium for any damages finally awarded against, and for reasonable attorney’s fees incurred by, The Plantium in connection with any such claim, demand, suit or proceeding; provided, that The Plantium (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases The Plantium of all liability); and (c) provides to You all reasonable assistance, at Your expense.
The Service collects, organizes, and displays a broad range of images from many sources. These images are copyrighted as indicated by a watermark imbedded on each image. Subscribers may utilize these images through the Service for the following business purposes only: display on Plantium’s websites; in informational plant cutsheets, graphs, and diagrams printable by the Service; maintenance manuals printable by the Service. Subscribers may not download, modify, publish, transmit, or distribute images on the website. Express written permission must be granted to use these photographs for any purpose that is not outlined above.
By uploading images to The Plantium via https://theplantium.com/submit-plant-list or direct communication, you certify that you are the copyright owner of the images, or that you have the right to distribute the images on behalf of the copyright owner. By uploading images to The Plantium, you give permission for these images to be used by the Service for the following business purposes: display on Plantium’s websites; blogs, banners or promotional materials; in informational plant cutsheets, graphs, and diagrams printable by the Service’s subscribers; maintenance manuals printable by the Service’s subscribers.
The Service is made available for use by end users by these Terms of Service. Any reproduction or redistribution of the Service not in accordance with these Terms of Service is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Plantium and The Plantium are registered trademarks in the United States of The Plantium Company, Inc. 435 N. 8th Street Carbondale, CO 81623
Restricted Rights
Any Service used on this site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and Documents by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). The U.S. Government’s rights in Software and Documents, including its rights to use, modify, reproduce, release, perform, display or disclose the Software, will be subject in all respects to the commercial license rights and restrictions provided herein.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your content.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Support for the Service is only available in English, via email and live chat.
You understand that the Service uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The Plantium, or any other The Plantium service.
You may use the Service as permitted and intended to host your organization pages, personal pages, or project pages, and for no other purpose. You may not use the Service in violation of The Plantium's trademark or other rights or in violation of applicable law. The Plantium reserves the right at all times to reclaim any The Plantium subdomain without liability to you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Plantium.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Plantium customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by The Plantium) of other The Plantium customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
The Plantium does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that The Plantium shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Plantium has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
The failure of The Plantium to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Plantium and govern your use of the Service, superseding any prior agreements between you and The Plantium (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Colorado law. Unless waived by The Plantium at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the state of Colorado, and a state or federal court of competent jurisdiction located in Pitkin County, Colorado.
I understand and acknowledge that filtering by availability is only an approximation of actual nursery availability and agree to not hold The Plantium or any third-party liable for any inaccurate availability inventory.
Questions about the Terms of Service should be sent to support@theplantium.com.
Account Confirmation
Please retain for your records.
For your protection and privacy, we do not store any credit card information on our servers.
This is a trial account. Your paid subscription will begin 14 days after the Account Creation Date above. If you're not happy with The Plantium, simply cancel your account within the 14 day trial period, and no charges will be applied to your credit card. Standard Terms and Conditions apply.