Terms of Service

Welcome to Plum. The Plum Website is provided by Plum (“PlumBainbridge.com”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of Plum web site (the “Website”) and all services provided by Plum via the Website including without limitation our product and gift service (collectively, the “Services”).

Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and Plum Privacy Policy.

Acceptance of Terms

By using our Website, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.

Scope of Service

Plum maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Website Content

The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

• The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

• The Content may not be modified.

• Copyright, trademark, and other proprietary notices may not be removed.

• Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Plum. You are solely responsible for ensuring that any Content which you submit to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity, and you shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

Shipping and Risk of Loss

Unless otherwise indicated, shipping and handling fees are calculated at checkout. Shipping dates and/or arrival times are only estimates, and we will not be responsible or liable under any circumstances for either delayed or late deliveries. For loss/damage claims related to (i) a missing portion of your order; (ii) damaged Products and/or (iii) defective Products, you must notify Plum within seven (7) days of receiving the product if you believe all or part of your order is either missing, damaged and/or defective, and you must provide us with reasonable verification (including, but not limited to pictures of the order as received) of such loss, damage and/or defect. If you fail to do so within seven (7) days of receipt, you will not be entitled to any replacement products, credit to your account or any other remedy. Replacement of products or credit to your account is further subject to our reasonable determination as to the validity of your claim. Further, Plum is not responsible for packages shipped to addresses incorrectly provided by the purchaser.

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your account.

Local Taxes

You agree that you will be solely responsible for paying all applicable taxes related to all Purchases you make through our Services.

International Access

This Website may be accessed from countries other than the United States. At this time, Plum is only available for purchases within the United States.

Order Cancellations

We work hard to make your order satisfying; however, you may cancel your order by contacting us within 24 hours of placing your order. IF YOU DO NOT CANCEL PRIOR TO 24 HOURS, YOU WILL BE CHARGED FOR THE ORDER.

We may terminate your account, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.

Limitation of Liability

IN NO EVENT SHALL PLUM OR ITS OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE PLUM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PLUM IN YOUR LAST TRANSACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Plum from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, the Services and/or the Products by you or any other person accessing the Website using your member login account.

Links to Other Sites

The Site contains links to other sites that are not owned or controlled by Plum. Please be aware that we are not responsible for the privacy policies of such other sites.

We encourage you to be aware when you leave the Site and to read the privacy policies of each and every Web site that collects personally identifiable information.

Jurisdictional Issues

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user’s access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

Enforcement

These Terms of Service constitute the entire agreement between you and Plum relating to this subject matter, and govern your use of our Site or our Services, superseding any prior agreements between you and Plum with respect to our Site or our Services. These Terms of Service (including all Services, Products, your use of the Website and any dispute arising therefrom) will be governed by the laws of the State of Washington and the United States of America, notwithstanding any principles of conflicts of law. All disputes shall be finally resolved by binding arbitration conducted in the English language in Bainbridge Island, Washington, under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in Seattle, Washington, or any other court of competent jurisdiction.

Severability

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Additional Information

If you have any questions about these Terms and Conditions, please contact us.