Terms of Service

Last updated: Dec 3, 2024 6:09 PM

Welcome to StrainBrain. Our service offers a data-driven product recommendation engine website integrated into an e-commerce shopping system. There is no cost to end-users.

Please read this Terms of Service (‟Terms," ‟Terms of Service") carefully before using the StrainBrain Application (the ‟Application") operated by Powr Plant Inc, a Limited Liability Company formed in Florida, United States (‟us," ‟we," ‟our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application. StrainBrain is a wholly-owned entity of Powr Plant Inc LLC.

By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.

Please also review StrainBrain’s Privacy Policy (the “Privacy Policy”), which governs StrainBrain’s collection and use of your personal information. Registration data and certain other information about you is subject to our Privacy Policy. You understand that through your access or use of our Application, you consent to the collection and use (as set forth in the Privacy Policy) of this information by StrainBrain.

Accounts

When you use our Application, you guarantee that you are 21 years of age or older (or in Canada, 19 years of age or older) and that information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate block or termination of your use of the Application.

Creation of an account with StrainBrain is optional. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Comments and uploading content

By submitting a comment or uploading content onto this Application, you grant Powr Plant LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you upload any content onto this Application, you agree that such content may be viewed by other parties and it is your responsibility to ensure that your content does not violate any laws, rules or regulations. We reserve the right to remove any content at any time in our sole discretion.

The following is a non-exhaustive list of types of content that you are prohibited from posting on our Application:

Content displaying, depicting or suggesting violence;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.

By accessing or using the Service, you consent to receiving communications from us electronically if you provide us with your contact information. You may opt-out of such communication by unsubscribing or contacting us at info@powrplant.co.

Prohibited uses

You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate Powr Plant LLC or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;
Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;
Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;
Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;
Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Application;
Using the Application in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Application

This Application is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Application, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

All content, guidelines, or related content, whether oral or written, obtained by you from the Application is intended for recreational and informational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an licensed lawyer for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.

No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from the Application shall create any warranty, guarantee, or strategy not expressly stated in these Terms.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Powr Plant LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Application or with the delay or inability to access, display or use this Application, including but not limited to your reliance upon opinions or information appearing on this Application; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Application, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Powr Plant LLC has been advised of the possibility of such damages.

Links to third party websites

This Application may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Application or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

This Application may display, include, or make available coupons, promotional codes, samples, or other offers from Dispensaries or other third parties (‟Third-Party Offers"). These offers are the responsibility of the Third-Party, including compliance, redemption, and any actual goods or services provided. All injuries, illnesses, damages, claims, or liabilities from Third-Party Offers are likewise the responsibility of the Third-Party.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Application are ©2020 - 2024 Powr Plant LLC or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Powr Plant LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Powr Plant LLC or third parties in the United States and/or other countries.

AI Budtender® is a registered trademark of StrainBrain Technologies Inc., a wholly-owned entity of Powr Plant Inc LLC.

If you are aware of a potential infringement of our intellectual property, please contact Powr Plant General Information at info@powrplant.co.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.

You may submit your claim to us by contacting us at:

Powr Plant LLC
Powr Plant General Information
info@powrplant.co
United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Pinellas County County, Florida.

You and Powr Plant LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this application.

Questions

If you have any questions about our Terms of Service, please contact us at info@powrplant.co.