Terms of Service

Plein Air Social LLC

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

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

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

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

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

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

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

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

Please note that Com­pa­ny has finan­cial rela­tion­ships with some of the mer­chants men­tioned on our Site. Com­pa­ny may be com­pen­sat­ed if con­sumers choose to uti­lize  the links locat­ed through­out the con­tent on this Site and gen­er­ate sales for the said mer­chant. The user of the Site is not oblig­at­ed to click on any link and/or buy any prod­ucts and/or ser­vices that are adver­tised on the Site. Per Fed­er­al Trade Com­mis­sion (“FTC”) guide­lines, Com­pa­ny may be com­pen­sat­ed by com­pa­nies men­tioned through adver­tis­ing, affil­i­ate pro­grams, or oth­er­wise on the Site. Any ref­er­ences to third par­ty prod­ucts, ser­vices, rates or web­sites are sub­ject to change with­out notice. Please do the appro­pri­ate research before par­tic­i­pat­ing in any third-par­ty offers. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONTACT US. Com­pa­ny wel­comes your ques­tions or com­ments regard­ing these Terms and Con­di­tions. If you believe that Com­pa­ny has not adhered to these Terms and Con­di­tions, please con­tact Com­pa­ny at: [email protected]. 

Effec­tive as of 01.04.2023.