Terms and Conditions
Given our increasingly litigious world, it is necessary to spell out the terms and conditions of use of our website. By using our website you accept this terms and conditions in full; if you do not, then please click away and do not use our site.
Intellectual Property Rights: Unless otherwise stated, we own the intellectual property rights in the website and all material found herein. Subject to the exceptions below, all our intellectual property rights are reserved.
License to Use Website: You may view, download for caching purposes only, and print pages from the website, provided that:
- You may not republish material from this website (including publishing on another website), or reproduce or store material from this website in any public or private electronic retrieval system.
- You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
By using the website you agree that:
- You shall not use our website in any way that causes, or may cause, damage(s) to this website or impairs the availability or accessibility of the website.
- You shall not use the website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You shall not use the website for any purposes related to marketing or other commercial endeavor without our express written consent.
- You shall not use the website to copy, publish or send mass mailings or spam.
- You shall not use our website to copy, publish or send material which is illegal or unlawful, or which could give rise to legal action.
- By publishing a comment on our website you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
Comments: You further agree that all material you publish or send to the website shall not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory, and further that such material shall not infringe upon any person's intellectual property rights, violate any person's privacy, or constitute incitement to commit a crime. Further, material shall not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted to the website. We shall take such action as we deem appropriate to deal with the posting of any unsuitable material, including suspending or canceling your ability to comment, restricting your access to our website, or commencing legal proceedings against you.
Third Party Websites: The website contains links to other websites. We are not responsible for the content of third party websites.
Plum Deluxe will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Box shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
Your Payment Method will be charged on the date communicated to you. We will charge your Payment Method with the applicable cost for your Box, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.
To avoid being charged, you must cancel your Membership by contacting the company at least 1 business day in advance of your payment. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel. Your Membership will be confirmed as cancelled via email.
Limitations of Liability: The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect to any and all information contained herein. While we attempt to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to keeping the material on this website up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions, excluding all liability to the maximum extent permitted under applicable law. We shall not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with the use of our website, whether arising in tort, contract, or otherwise, including, without limiting, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Jurisdiction: This notice will be governed by and construed in accordance with US law, and more specifically with the law of the State of Oregon, and any disputes shall be subject to the same.
Disputes Resolution by Mandatory Binding Arbitration and Class Action Waiver
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with PLUM DELUXE LLC DBA Plum Deluxe and limits the manner in which you can seek relief from us. You agree that any dispute or claim relating to any Plum Deluxe product or service (including any Plum Deluxe policy), or any aspect of your relationship with Plum Deluxe, will be resolved by confidential binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (2) Plum Deluxe may assert claims in a court of competent jurisdiction relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (3) Plum Deluxe may initiate an action in a court of competent jurisdiction seeking a temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement or to prevent an infringement of a third-party's rights or our intellectual property rights.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS' FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN PORTLAND, OREGON AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN PORTLAND, OREGON FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN PORTLAND, OREGON. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF OREGON AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.
Required Pre-Dispute Procedures
Before initiating an arbitration proceeding, either party must provide the other a notice of claim describing the dispute, includes all relevant documents and information, and details a proposed resolution. Any notice of claim must be sent Attention: Plum Deluxe Legal Department, 7410 SE FOSTER RD PORTLAND OR 97206. Plum Deluxe will contact you by letter and email response with the contact information you provided. If the parties cannot resolve the dispute within 60 days after receipt of the notice of claim, the following dispute resolution provisions govern any future arbitration proceedings.
Limitations Period, Commencing Arbitration, Applicable Rules
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must submit a written demand for arbitration with the American Arbitration Association ("AAA") and provide copies to Plum Deluxe within one of the claim giving rise to Your dispute occurred. The one-year period includes the sixty-day, required pre-dispute resolution procedure outlined above. You agree that any claim asserted after the one-year period will be forever barred. Disputes between individual consumers and Plum Deluxe will be governed by AAA's Consumer Arbitration Rules. Disputes between Plum Deluxe and businesses involving claims and counter claims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to AAA's current version of the Expedited Procedures for arbitrations under the Commercial Arbitration Rules; all other disputes shall proceed under the AAA's standard procedures for commercial arbitrations. AAA's rules are available at www.ADR.org.com/rules or by calling 800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and Plum Deluxe. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Plum Deluxe's Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.
YOU AND PLUM DELUXE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PLUM DELUXE are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither You nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in the below.
Governing Law / Exclusive Venue
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. These Terms, including the Arbitration Agreement and the arbitrator's authority thereunder, shall be interpreted in accordance with the substantive law of the State of Oregon without regard to conflicts of law principles. The parties consent to, and forever waive any challenge to the exclusive personal jurisdiction and venue of the state and federal courts in Portland, Oregon.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Plum Deluxe, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
Amendment: These terms and conditions of use may be amended from time to time.