Terms of Service
Effective Date: 9/13/19
Last Updated: 9/13/19
Thank you for your interest in Plato! We have posted these Terms of Service to help you understand our respective rights and obligations when it comes to using our website and associated mobile applications, as well as the subscription services we offer through those platforms. We’ll refer to those services as the “Services.” We’ll refer to the products we deliver through the Services as our “Products.”
Summary of Key Terms
The Services are provided by Vernon Health LLC, a New York, USA, limited liability company (the “Company”). When you use or subscribe to our Services, you are agreeing to a binding legal contract with the Company for purposes of providing you the Services, so PLEASE READ THESE TERMS OF SERVICE CAREFULLY. We may refer to these Terms of Service as “this Agreement.”
Before we get into the substance of this Agreement, we’d like to make you understand the following:
- This is a binding Agreement that you are agreeing to by visiting our website or engaging with our Services. By using our Services, you are acknowledging that:
- you are at least 18 years old;
- you have read this Agreement;
- you have authority and capacity to enter into this Agreement, and
- you agree to the terms and conditions set forth in this Agreement.
- When you subscribe to our Services, you are agreeing to receive products and make payments to us for an amount of time (the “Term”). When you sign up for a subscription, you will set an initial term of your subscription (the “Initial Term”), and the subscription will automatically renew month-to-month until you cancel (the “Renewal Terms”). You may cancel your subscription at any time after the Initial Term.
- We do not make any representations or warranties that Plato products will have any particular effect on you or your health. We do not take responsibility for any injury or damage that might occur from your use of our Products. It is your responsibility to determine whether it is safe for you to use our Products. Please consult a doctor if you are unsure.
- We offer a 30-day, no-questions-asked refund on any Products we send to you. If you return to us the original bottle from a Product within 30 days of delivery, we will credit a refund to your account using the payment method you provide to us. Our Satisfaction Guarantee is your sole remedy for any dissatisfaction with our Products.
- This Agreement requires that you waive certain rights. For instance, you are agreeing that:
- our liability to you is limited;
- you are waiving your right to a trial by jury, and that;
- if there’s any dispute regarding our Services, you will bring any claims you might have under binding arbitration in New York, USA.
- We may amend this Agreement from time to time at our discretion. The amended version of this Agreement will be effective as soon as we post it.
The foregoing is only a summary of some of the key terms and conditions in this Agreement for informational purposes only. PLEASE CONTINUE READING.
Right to Use
Your use of the Services is subject to the limitations, conditions, and restrictions set in this Agreement. By using the Services, you represent to us that:
- you are at least 18 years old;
- you have read this Agreement and will comply with it;
- you have authority and capacity to enter into this Agreement, and
- you agree to the terms and conditions set forth in this Agreement.
Changes to these Terms of Service
We may amend this Agreement from time to time at our discretion. When we amend this Agreement, we will post the amended version at this URL and make reasonable efforts to notify you that the amended version of this Agreement is posted, assuming that you have provided us with accurate and up-to-date contact information. The amended version of this Agreement will be effective as soon as we post it. It is your obligation to check this web page to determine if this Agreement has been amended.
Scope of Services and Access to Services
Plato Products are only available to ship in the United States.
To the maximum extent permitted by law, we reserve the right to suspend or amend the Services, and delivery of any Products we provide through the Services, in our sole discretion without notice or liability to you (except to fulfill orders already paid for before suspension or termination). While we make a reasonable effort to keep the Services running at all times, we cannot foresee all possible issues, and we will not be liable if for any reason if any part of the Services is unavailable at any time or for any period. We may, but are not required to, upgrade or update the Services from time to time to fix bugs and add additional features. If we change the Services while you are under a subscription, we will notify you of any changes to the Services before they affect your subscription.
You are responsible for making all arrangements necessary for you to have access to the Services. To access the Services, you will be asked to provide a valid email address and a password. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You must treat your password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your email address, password, or other security information. You agree to notify us immediately of any suspected unauthorized access to or use of your account.
We reserve the right to disable any account at any time in our sole discretion. As long as you are not in the Initial Term of your subscription, you may cancel your account at any time on our website at http://goplato.com. In the event that the Company suspends, limits, conditions, or terminates your access to the Services or your account due to your breach of this Agreement or any other agreement that you have with the Company, you understand and accept that you will not receive a refund for any fees that you have pre-paid and to the extent that you have not paid the applicable fees, you will remain liable to pay Company the entire fees due for the services, as applicable.
Product Subscription & Pricing
We provide our Products on a subscription basis. Your subscription will be for an Initial Term, then will automatically for Renewal Terms until terminated. We will send you Products monthly, subject to your payment of any relevant fees and your providing an accurate name and mailing address. Recurring charges are billed in advance of service. Any change to the fees for paid Services shall become effective in the billing cycle following notice of such change to you. You may cancel your subscription to the Services at any time after the Initial Term. We are not responsible for any lost or damaged goods after we provide them to our delivery carrier.
If you aren’t completely satisfied with a Product we deliver to you, we will refund any fees you paid for the applicable Product if you return the Product’s empty bottle within 30 days of delivery. Once we receive your return, we’ll send an email to notify you of receipt, and then we will apply the refund to your original method of payment within 30 days of the date of that email notification. Shipping costs for the returned purchase are non-refundable–you are responsible for paying your own shipping costs for returning any Products. No more than one months’ supply or one bottle, may be returned for a refund in this fashion, even if they are returned within a 30 day window of delivery of both items.
We do not offer refunds for Products more than 30 days after delivery. Notwithstanding anything herein to the contrary, Plato’s Satisfaction Guarantee is your sole remedy for any claim arising from breach of warranty, misrepresentation, or failure to perform.
Payment Information, Taxes, & Delinquent Payments
We process payments through third-party payment portals. When you provide payment information for a Plato subscription, you are providing such information directly to the administrators of those portals, and we will not have direct access to it without your prior consent. Our payment vendors will provide us only the personal information necessary to fulfill the transaction, including your name and address for shipping.
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges, processing fees, and taxes incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction. If we are at any time required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Company upon written notice. If you are using a credit or debit card to make payments, you acknowledge your consent to the applicable cardholder agreement, and you personally represent and warrant that you have all requisite right and authority to charge the applicable credit or debit card.
Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
If you believe there are any issues or errors with your bills, please contact us at email@example.com.
The Services and their contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, “Plato,” the Plato logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors (collectively the “Company Marks”). You agree that you will not use the Company Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
Subject to the terms and conditions of this Agreement, you are hereby granted a personal, non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Services for their intended purposes. The Company may terminate this license at any time and for any reason, or no reason, subject to the terms and conditions of this Agreement.
Other than as may be specifically and automatically performed by the Services, you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided to you on our Services, except to the extent permitted by the Services’ functions and features.
You agree that you will not access, use or modify any part of the Services or any services or materials available through the Services for any purpose other than the intended use of the Services. You agree that you will not delete or alter any copyright, trademark, or other proprietary rights notices from any copies of materials from the Services, whether in digital format or hard copy. You agree that you will not attempt to reverse-engineer, decompile, or attempt to derive the source code, algorithms, or modules of our Services.
The Services allow you to provide reviews, comments, and other content posted at your direction (“User Content”) that may be viewable by others. You shall be solely responsible for your User Content and the consequences of posting, providing, or publishing it. We do not endorse any User Content posted to our Services. If your User Content includes a review of a Product, you represent and warrant that those reviews are based on your truthful experience with the Product.
By posting and or otherwise providing any User Content, you expressly grant to the Company a royalty-free, sub-licensable, perpetual, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, translate, publicly display, make derivative works of, and otherwise exploit all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of operating and promoting our Services. You represent and warrant that you have the right, power, and authority necessary to grant us the rights described in this section for all User Content that you submit, provide, make available or post via the Services.
We reserve the right to refuse to post, modify, or remove any User Content in our sole discretion. However, we are under no obligation to remove or modify User Content.
Please respect the intellectual property of others. If you are a copyright owner or an owner’s agent and find any content on the Services that infringes upon your copyright, you may submit a notification under the guidelines of the Digital Millennium Copyright Act (the “DMCA”). Upon receipt of the notification, we will take down the allegedly infringing material immediately until we are instructed otherwise. For a complete notification, please provide our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (see 17 U.S.C 512(c)(3) for further detail). Company’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm others in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To send, knowingly receive, upload, download, use, or re-use any material which does not in its entirety comply with all applicable federal, state, local and international laws and regulations;
- To submit or knowingly receive any material through the Services that does any of the following:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Deceive or attempt to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Monitoring & Enforcement
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to via the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company is based in the United States. Access to the Services is prohibited by any person(s) or organization(s) designated by the United States government as a foreign terrorist pursuant to section 219 of the Immigration and Nationality Act or otherwise in violation of any US export control restrictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, PRODUCTS, OR INFORMATION PROVIDED THROUGH THE SERVICES OR OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES, SUCH OTHER WEBSITES OR ANY SERVICES, OR PRODUCTS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HOWEVER, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAW, OR $100.00 IF SUCH AMOUNT IS NOT PROVIDED FOR BY SUCH LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, any use of any content sent, submitted, electronically received, viewed, printed, downloaded, or transmitted from the Services.
Governing Law & Arbitration
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Services shall be by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules in New York, NY, USA. The arbitral decision and award will be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction. The expenses of the arbitration shall be borne equally by the parties, provided that each party shall pay for and bear the cost of its own experts, evidence and legal counsel. To the maximum extent permitted by law, you hereby waive your right to a trial by jury and your right to bring any claim against us as a class.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRODUCTS, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS DEEMED WAIVED AND PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
This Agreement constitutes the sole and entire agreement between you and us with respect to the Services and supersedes all prior and contemporaneous oral understandings, agreements, representations, and warranties with respect to the Services. For the avoidance of doubt, the terms of a separate subscription agreement entered into by and between you and the Company shall govern to the exclusion of this Agreement where applicable.
Comments & Feedback
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to:
℅ Vernon Health LLC
1732 1st Ave, #20745
New York, NY 10128
Open Monday through Friday, 9 AM to 5 PM EST.