Terms, Conditions & Updated Privacy Policy

Welcome to the Planet Alpha Corp. Buckwheat Blossom Farm (“PAC”) Web site (the “Site”) owned and operated by Planet Alpha Corp. This Agreement contains the terms, covenants, conditions and provisions (the “Terms and Conditions”) upon which you (the “User”) may access and use this Site.
Terms and Conditions

By visiting the Site, you, the User, indicate that you understand these Terms and Conditions and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them without any limitation or qualification. If you do not agree to these Terms and Conditions, please discontinue your use of the Site.

Please note that PAC reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to you. Any such change shall be effective upon notice, which may be given by PAC posting such change on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of PAC. Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions on the Site, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.

1. GRANT OF LICENSE

These Terms and Conditions provide you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Users may print and download materials and information on this Site solely for personal and noncommercial use or, only to the extent permitted by an Other Agreement (defined below) for internal business use, provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information, and for the purpose of doing business with PAC. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to PAC that they will not use this Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms and Conditions. You further warrant that you will not attempt or actually systematically extract data contained in this Site to populate databases for internal or external use.

2. PROVISION OF INFORMATION

When you provide information to PAC through the Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from PAC for any purpose.

3. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmance, assent or agreement you transmit through the Site. You agree that, when in the future you visit the Site, your agreement or consent to these Terms and Conditions will be legally binding and enforceable and the legal equivalent of your handwritten signature.

4. INTELLECTUAL PROPERTY RIGHTS

All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PAC does not grant any express or implied right(s) to Users of this Site. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than PAC. Removing or altering the copyright notice on any material on this Site is prohibited. PAC owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s content.

The Planet Alpha Corp., the PAC logo, and all other trademarks, names, logos, and icons identifying PAC or PAC’s products and services are either proprietary or licensed marks of PAC and are registered and/or common law trademarks of either PAC or their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PAC and/or their respective owners. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PAC and may not be copied, imitated or used, in whole or in part, without the prior written permission of PAC. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PAC. The contents of this Site are © 2017 The Planet Alpha Corp. All Rights Reserved.

5. PRIVACY POLICY: OUR UPDATED PRIVACY POLICY CAN BE FOUND AT THE END OF THIS DOCUMENT

Any information that you submit to PAC or that PAC collects through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of and Conditions. Please see PAC’s Privacy Policy for a summary of PAC practices regarding the collection and use of personal information. Acceptance of these Terms and Conditions constitutes consent to PAC’s collection and use of personal information as outlined therein.

6. YOUR REGISTRATION INFORMATION

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to PAC, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PAC.

7. COMPLIANCE WITH APPLICABLE LAWS

User’s access to this Site is governed by all applicable federal, state and local laws. You agree to fully comply with all such laws.

8. CODE OF CONDUCT

You agree not to do any of the following:

Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation:
1. using, or attempting to use, any account without the owner’s permission,
2. obtaining or soliciting another person’s password or other personal information under false pretenses, or
3. impersonating another user or otherwise misrepresenting yourself to PAC, our affiliates, the Site’s systems, or other entities.
Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation:Post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information, reviews, recommendations, claims or content.
1. interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or
2. accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by PAC) information or material.
Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
Use the Site to Post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s rights You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
Use the Site for any unlawful purpose.
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
Misuse any e-mail function available on or through the Site. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.

9. USE OF CHAT ROOMS AND OTHER INTERACTIVE AREAS

The Site may contain discussion forums, bulletin boards, public or private groups, Directories (defined below), review services or other forums in which you or third parties may post reviews of, make recommendations for or give ratings of content, events, products, services or third party providers, or post other content, messages, materials or other items on the Site (“Interactive Areas”). If PAC provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with the Code of Conduct set forth above with respect to your use of the Interactive Areas. You acknowledge and agree that PAC may set up any such forum to be accessible by all Site users or by certain Site users elected at the sole discretion of PAC or any designee chosen by PAC. Eligibility for access or membership in any given forum (or any continued access and membership) shall be determined by PAC or its designee in its sole discretion, and you may not be given access to certain forums.

No review, recommendation or rating on the Site or in any Interactive Area shall be deemed to be an endorsement by PAC of any the particular matter subject of the review, recommendation or, if such matter is a third party provider, a guarantee of such provider’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.

PAC takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PAC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in any Interactive Area. As a provider of interactive services, PAC is not liable for any statements, representations or content provided by its Users in any Directory (defined below), public forum, personal home page or other Interactive Area. Although PAC has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, PAC reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any material you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect PAC’s systems and customers, or to ensure the integrity and operation of PAC’s business and systems, PAC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content. PAC’s right to disclose any such information shall govern over any terms of PAC’s Privacy Policy.

With respect to any member or provider directories (“Directories”) included through the Site, PAC may edit, move, or delete any content in the Directories (including content that you have provided) or terminate all or part of any Directory without notice or liability for any reason at our sole discretion. You acknowledge that PAC has absolute editorial discretion to determine the structure and content of the Directories and that, because any placement in any Directory is subject to change or deletion at any time, you may not rely on any aspect of a placement’s inclusion in any Directory. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any placement in any Directory. PAC is not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content in any Directory originating with or otherwise provided by third parties.

In addition to these terms, if you submit a placement for possible inclusion in any Directory, you expressly agree to comply with the Code of Conduct set forth above.

No Directory shall be used for any of the following purposes: Information from it may not be added to, loaded into or transcribed into any database, information or text retrieval system, bulk mailing list or e-mail list server, any form of merge document, including but not limited to word processors, spreadsheets, databases, contact management systems, auto-dialers, address lists by any means including but not limited to electronic, mechanical or manual. Information from it may not be used for any form of solicitation or promotion regardless of whether or not such solicitation or promotion is for a commercial, charitable, or other non-profit use. Information from it may not be used for any commercial purpose whatsoever.

Additional information about Site and other important matters is contained within the Site itself, including in the Rules of Engagement and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Terms and Conditions but also by the information and explanation available on these pages.

10. ASSUMPTION OF RISK

Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While PAC has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, PAC and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.

11. LAW ENFORCEMENT

PAC reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. PAC will also comply with all court orders involving requests for such information.

12. THIRD PARTY SERVICES; LINKS TO OTHER SITES

The Site may contain or provide information regarding applications, products and/or services provided or offered by third parties. PAC is merely an information provider and is not a referral service, and it does not recommend or endorse any such third party applications, products and/or services or monitor or have any control over such third party applications, products and/or services. Therefore, PAC makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such third party applications, products and/or services or the results obtained therefrom, and PAC assumes no responsibility or liability for any third party applications, products and/or services or for the actions or failure to act of those providing such third party applications, products and/or services. You assume full responsibility for your use of any such third party applications, products and/or services Third-Party Services.

PAC, in its sole discretion, may offer links to other web sites (“third-party sites”) that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. PAC cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. PAC does not endorse any of the products or services offered in any third-party sites. Further, PAC has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. PAC expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.

13. EVENTS BEYOND PAC’S CONTROL

Users expressly absolve and release PAC from any claim of harm resulting from a cause beyond PAC’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.

14. DISCLAIMERS

WHILE PAC ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, PAC MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.

YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. PAC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

PAC assumes no liability or responsibility for any errors or omissions on the Site; any failures, delays or interruptions in the Site’s accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorized access to or use of the Site or servers. PAC reserves the right to deliver the Site in PAC’s sole discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THIS SITE ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.

IN NO EVENT SHALL PAC OR ANY OF PAC’S SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PAC AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case PAC’s liability shall be limited to the maximum extent permitted by applicable law.

15. INDEMNITY

You agree that you are responsible for your behavior in connection with the Site. PAC shall not be liable for claims made against you or PAC arising out of your use of the Site, and you agree to defend, indemnify, and hold harmless PAC and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of these Terms and Conditions. PAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PAC. You agree to cooperate as fully as reasonably required in PAC’S defense of any claim.

16. SUBMISSIONS

PAC also welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for PAC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary. PAC takes no responsibility for such content received through this site, nor does PAC have any obligation to monitor such content. PAC shall have the right, but not the obligation, to monitor any such content to determine compliance with these Terms and Conditions and to satisfy any law, regulation or authorized government request.

17. RIGHT TO BLOCK CONTENT

PAC does not and cannot review all content submitted by users to the Site, and PAC therefore does not make any representation or warranty with respect to it and PAC does not endorse any specific products or services which may be included in any such content. However, PAC reserves the right to block or remove content or communications that PAC determines, in its discretion, to be in violation of these Terms and Conditions. As explained above, under Disclaimers, the Site is offered “as is,” and you use it at your own risk. Without limitation, this means that, despite the requirements of these Terms and Conditions, Site users may post content that violates them. PAC assumes no responsibility or liability for such content. If you have submitted objectionable content, PAC may, in its sole discretion, terminate your account, take legal action against you and/or, if applicable, notify the appropriate authorities or parties, all without prior notice or liability to you.

18. DIGITAL MILLENNIUM COPYRIGHT ACT

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. PAC reserves the right to remove any material on the Site which allegedly infringes another person’s copyright. If you believe in good faith that materials hosted by PAC infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to them blocked.

Such notice must meet statutory requirements imposed by the DMCA and must be in writing and include the following information in writing:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
A description of the material that you claim to be infringing, as well as its location on the Site;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices for the Site should be sent to:

Planet Alpha Corp.

45 Prospect Street

Cambridge, ma 02139

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.

19. GOVERNING LAW

These Terms and Conditions are governed by and will be construed and enforced in accordance with the laws of the State of Massachusetts as applied to agreements entered into and completely performed in the State of Massachusetts. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of the Site, whether sounding in contract, tort or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Boston, MA. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Massachusetts for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, PAC may seek preliminary injunctive relief from a court of law in the event of a breach by you. This Site is controlled and operated by PAC from its offices within the United States. PAC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

20. WAIVER

Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by PAC of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

21. SEVERABILITY

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

22. RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between a User and PAC as a result of these Terms and Conditions or User’s utilization of this Site.

23. TERMINATION AND MODIFICATION

PAC reserves the right in its sole discretion to terminate, block or restrict your use of the Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, PAC reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.

24. ANTI-HACKING

You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others.

25. ENTIRE AGREEMENT / RESERVATION OF RIGHTS

Your rights to use certain material available on or through the Site may be subject to separate written agreements with PAC (“Other Agreements”). Particular pages or features of the Site with content supplied by PAC or its licensors may be different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such pages or features or content. With the exception of any Other Agreements, and Special Terms, these Terms and Conditions, together with the PAC Privacy Policy, which is hereby incorporated as if set forth fully herein, represent the entire agreement between the User and PAC with respect to use of and material available on or through this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and PAC with respect to this Site. Any rights not expressly granted herein are reserved.

_______________________________________________________________________________

UPDATED PRIVACY POLICY

05-21-2018

Plain English Version of Our Privacy Policy

We keep your name, email and company so you can use our system. We place cookies on your browser to make our system faster. We may use your name and email to send you information about our system. Please keep your personal information up to date. We do not and will not sell Your Data, individually or in aggregated form. You may stop receiving information from us at any time. You are responsible for maintaining the privacy of data you enter into our system. We keep your data very private on our cloud providers. At present, we use GoDaddy, a U.S. company. We follow the laws of all the countries where we operate, and follow GDPR requirements. If you need more information, see the sections below.

Table of Contents

About This Privacy Policy

This Privacy Policy (the “Policy”) applies to the website www.pem-carbon.com (PEM) and any affiliated websites including www.planetalphaforest.earth, (PAC) and various related services (collectively, the “Sites”, “Services”, “we”, “us”, or “our”) to you (“You”), the user (“User”). This Policy describes how we collect, use and disclose information, and what choices you have with respect to the information. This Policy should be read in conjunction with our Terms of Service.

We understand that by choosing PEM or PAC, here abbreviated as the Companies, you are placing some of your important data in our hands. We are only in business if you trust us, so your privacy means everything to us! Here are the key things you should know:

Information We Collect and Receive

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services and to enable you to enjoy and easily navigate our Services. We collect and use this information to provide, improve and protect our Services.

Information Related to Your Account and Interaction with the Companies

Registration and Contact Information. We collect certain “Personally Identifiable Information” from you when you sign up to our Services, that can be used to identify you, such as your name, email address, mailing address, telephone number, and any other information that we deem relevant for the purpose of providing you with our Services or which you provided to use voluntarily. This category also includes information tied to your identity that you provide us through other means, such as emails to our support service.

Payment Information. When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“Payment Information”). We describe how Payment Information may be collected and processed in Section 7.

Technical, Usage and Location Information. Whenever you visit our Site, we may collect ”Non-identifying Information” from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

Third Party Platforms. We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that you viewed or interacted with our content.

Other Information. We receive additional information provided to us when submitted to our Sites or if you participate in a focus group, contest, activity or event, apply for a job, or otherwise communicate with the Companies.

Information Related to Our Service.

Calendar and Email Information. In order to perform the Services, we ask for visibility into your calendar, but you can revoke our access to your calendar at any time. x.ai is by design exposed to emails we are explicitly copied on through the Services. We do not have access to your inbox, read your attachments or forward thread text to third parties.

Guest Information. The Companies are by design exposed to emails we are explicitly copied on through the Services. You may submit various types of information and data into the Services for scheduling and processing purposes (“Your Data”). Your Data may include, without limitation, personal information such as names, email addresses and phone numbers of your guests, assistants, potential guests and other properties (“Contacts”), which information may be input into the Services by you. If you are providing information (including Personal Information) about your Contacts, you must have the authority to provide that information on their behalf and consent to the collection and use of their Personal Information as described in this Privacy Policy.

Cookies.

We use cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our Site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the Site. We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. Cookies are small pieces of information that are stored as text files by your Internet browser on your computer’s hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from websites or to remove cookies from your hard drive, but this may limit your ability to use the Services

How We Use the Information We Collect

We use your information in the following ways:

to provide, update, maintain, improve and protect our Services, including to operate certain features and functionality of the Services, to prevent or address service errors (for example, by remembering your calendar information), security or technical issues, analyze and monitor usage, trends and other activities.
For billing, account management and other administrative matters, we share and use Payment Information as described in Section 7.
to respond to your support requests, comments and questions.
to control unauthorized use or abuse of the Services,if we have a good faith belief, or have received a complaint alleging, that Your Data is in violation of our Acceptable Use Guidelines.
to communicate directly with you,including by sending you newsletters, promotions and special offers or information about new products and services. You may, at any time, request to opt-out of receiving future emails or notifications from us, by contacting us.

How We Share And Disclose Information

We do not and will not sell Your Data, individually or in aggregated form. We may share or transfer your personal information to third parties only in the following limited circumstances:

We will display your Account information on any profile page that may be set up to do business with the Companies and elsewhere through the Services in accordance with the preferences you set in your Account. You can review and revise your Account information at any time.

We will display your Your Data within the Services as directed by you. If you elect to use a third party application through the Services, then we may share or disclose Your Data with that third party application as directed by you. Please remember that we are not responsible for the privacy practices of such third parties so you should make sure you trust the application and that it has a privacy policy acceptable to you.

With Trusted Service Providers and Business Partners. We may utilize trusted third party service providers to assist us in delivering, improving, protecting and promoting the Services. For example, we may use third parties to help host our Services, send out email updates, perform analyses related to the operation of the Services, or process payments. These third party service providers may have access to Your Data for the limited purpose of providing the service we have contracted with them to provide. They are required to have a privacy policy and security standards in place that are at least as protective of your information as is this Privacy Policy. Additional information about the subprocessors we use to support delivery of our Services is set forth at x.ai Subprocessors.

In an Aggregate and Non-Personally Identifiable Manner. We may disclose aggregate non-personally identifiable information (such as aggregate and anonymous usage data, platform types, etc.) about the overall use of our Services publicly or with interested third parties to help them understand, or to help us improve, the Services.

In Connection With a Sale or Change of Control. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Services can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you.

Other Access to or Disclosure of Your Information

We restrict access to any data and content you transmit to the Companies or is otherwise made available via the Services to x.ai employees, payment processors, contractors and agents who need to know that information in order to perform the Services. All of these individuals are subjected to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Security and Information Protection

We take security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology. We use commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your information. To learn more about our current practices and policies regarding data privacy, security and confidentiality, please see https://x.ai/security.

Payment Information

We use a third parties to process subscription payments, such as paypal or other provider, and therefore provide them with the Personally Identifiable Information required to charge your credit card. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Stripe may use your Payment Information in accordance with their own Privacy Policy here: https://stripe.com/us/checkout/legal.

Your Controls and Choices

Opt-Outs. We may provide you with the opportunity to “opt-out” of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Services to you.

Communication Preferences. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications or on the Services. Please note, however, that you may be unable to opt-out of certain service-related communications.

Blocking Cookies. You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so. For more information, please see Intercom’s Cookie Policy.

Changes to the Privacy Policy

We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Services.

No Children Under Age 13

The Services are not intended for use by anyone under the age of 13, nor does the Companies knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, you may not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 13 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 13 and believe that we might have any information from or about such child, please contact us at the email address provided at the end of this Privacy Policy.

International Transfer of Data

We may transfer your personal information to countries other than the one in which you live. We will protect your personal information in accordance with this Privacy Policy wherever it is processed. In addition, the Companies have applied to be certified under the Privacy Shield framework. Once this process is complete, we will provide a statement of compliance in this section of our Privacy Policy.

If you have questions or need to contact us about this Privacy Policy, please contact us: info@pem-carbon.com and info@planetalphaforest.earth, You can reach PEM or Planet Alpha by mail at:

PEM
45 Prospect Street,
Cambridge, MA 02139

Companies Subprocessors

Security, Privacy and Compliance Information for Companies

Companies currently uses third party subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any third party subprocessor, Companies will perform to the best of ifs ability, diligence to evaluate their privacy, security and confidentiality practices, and executes an agreement implementing its applicable obligations.

Infrastructure Subprocessors

Companies may use the following Subprocessors to host Your Data or provide other infrastructure that helps with delivery of our Services:

Entity Name	Purposes	Entity Country
Amazon Web Services, Inc	Cloud Service Provider	United States
MongoDB Inc.	Database Hosting	United States
Datadog	Infrastructure Monitoring	United States

Other Subprocessors

Companies may use the following subprocessors to perform other Service functions:

Entity Name	Purposes	Entity Country
Google Inc.	Cloud Service Provider	United States
Mail Chimp	Cloud-based Email Notification Services	United States
Squarespace	Hosting of Public Website	United States
Salesforce	CRM & Sales Administration Services	United States
Intercom, Inc.	Cloud-based CRM Services	United States
Survey Monkey	Conduct surveys and user research	United States

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