Effective Date: May 1, 2025

These Terms of Use (“Terms”) govern your access to and use of the website located at https://www.plant-tours.com (the “Website”), operated by PlantTours Communications Company (also referred to as “PlantTours,” “we,” “us,” or “our”).

By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, you must not use this Website.

1. Scope & Updates

Scope

These Terms apply to all users and visitors of the Website, including businesses exploring our tour guide headsets and communication systems. They cover all content, services, features, tools, and materials made available through the Website.

Modifications

We reserve the right to modify or update these Terms at any time. The latest version will be posted on this page, and your continued use of the Website constitutes acceptance of any changes.

2. User Obligations

By using the Website, you agree to:

• Use it for lawful purposes and in accordance with all applicable laws, including U.S. Federal Trade Commission (FTC) regulations and California Consumer Privacy Act (CCPA).
• Refrain from transmitting any unauthorized, offensive, harmful, defamatory, or otherwise unlawful content.
• Not interfere with or disrupt the Website, servers, or networks.
• Not attempt to gain unauthorized access to any portion of the Website, systems, or data.
• Provide accurate, current, and complete information when submitting forms or creating accounts.

3. Accounts & Security

If you create an account, you are responsible for safeguarding your login credentials. You agree to notify us promptly of any unauthorized access or use of your account. We reserve the right to terminate or suspend accounts for any violation of these Terms.

4. Intellectual Property

All content on the Website—including text, graphics, images, software, and logos—is the property of PlantTours or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, or modify any part of the Website without prior written consent, except for personal, non-commercial use.

5. User Content & Acceptable Use

User Content

If you submit content to the Website (e.g., reviews, comments), you retain ownership but grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, display, modify, and distribute your content in connection with the Website.

Acceptable Use Policy

You agree not to upload or share content that:

• Violates intellectual property or other rights
• Is obscene, harmful, misleading, or unlawful
• Disrupts or harms other users or the Website infrastructure

Violations may result in removal of content, account suspension, or legal action.

6. Third-Party Content & Affiliate Links

Our Website may include links to third-party websites or affiliate partners. These are provided for convenience only. We do not control or endorse any third-party content and are not responsible for their accuracy, practices, or services.

Affiliate links may earn commissions for purchases made through them. These do not influence our editorial content or product recommendations.

7. Cookies & Tracking Technologies

We use cookies to enhance your user experience, analyze traffic, and serve relevant content and ads. For more information, review our Cookie Policy.

You can manage cookie preferences through our banner or your browser settings.

8. Disclaimers & Limitation of Liability

Disclaimer of Warranties

The Website is provided “as is” and “as available” without any warranties, express or implied. We do not guarantee the accuracy, availability, or security of the Website.

Limitation of Liability

To the fullest extent permitted by law, PlantTours shall not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profit, revenue, or data arising from use of the Website.

Our total liability shall not exceed fifty U.S. dollars ($50).

9. Indemnification

You agree to indemnify and hold harmless PlantTours and its affiliates, officers, employees, and agents from any claims, damages, or expenses resulting from your violation of these Terms or misuse of the Website.

10. Dispute Resolution & Arbitration

Binding Arbitration

Any dispute arising from or relating to these Terms shall be resolved by binding individual arbitration through the American Arbitration Association (AAA), under its Consumer Arbitration Rules.

Waiver of Jury Trial and Class Actions

You waive the right to a jury trial and agree not to participate in class actions. All disputes must be resolved individually.

Exceptions

This arbitration agreement does not apply to:

• Intellectual property claims (copyright, trademark)
• Small claims actions
• Emergency injunctive relief

Venue

If arbitration is not applicable, the courts of Mecklenburg County, North Carolina shall have exclusive jurisdiction.

11. Copyright Policy

If you believe your copyrighted content has been used without authorization, you may submit a takedown request under the Digital Millennium Copyright Act (DMCA) to:

DMCA Agent

PlantTours Communications Company

6201 Fairview Rd

Charlotte, NC 28210

Email: info@plant-tours.com

Your notice must include your signature, the material in question, proof of ownership, and a good faith statement under penalty of perjury.

12. Termination

We reserve the right to suspend or terminate your access to the Website at any time, without notice, if you violate these Terms. Termination does not affect our right to seek legal remedies.

13. Export Compliance

You agree not to export or re-export any products, data, or services acquired through the Website in violation of U.S. export control laws.

14. Miscellaneous

• Entire Agreement: These Terms and our Privacy and Cookie Policies constitute the full agreement between you and PlantTours.
• Severability: If any provision is held invalid, the remaining provisions remain enforceable.
• No Waiver: Failure to enforce any provision is not a waiver.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign them freely.
• Language: These Terms are in English. In the event of translation, the English version prevails.

15. Contact Information

PlantTours Communications Company

Address: 6201 Fairview Rd, Charlotte, NC 28210, USA

Phone: 800-609-9521

Email: info@plant-tours.com