Last Updated November 1, 2018
This website https://www.plume.com (“Website”), the online store it hosts (“Store”)and community (“Community”) the Website hosts, our mobile applications (“Plume App(s)”), our cloud-based services, including our Adaptive WiFi™ and other associated services described on the Website (individually and collectively the “Plume Cloud Services”), and our membership subscriptions to the Plume Cloud Services sold via the Store (“Plume Membership(s)”), are operated by Plume Design, Inc. (“Plume”). The terms “we”, “us” and “our” refer to Plume. The Website, Store, Community, Plume Apps, Plume Cloud Services, and Plume Memberships are each a “Service” and together are the “Services.”
Plume also sells the Plume-branded hardware products (“Plume Products”) and third-party-branded hardware products (“Third-Party Products”) described here. The Plume Products and Third-Party Products are together the “Products.” The Plume Products are small hardware devices that, when enabled with a Plume Membership or Partner Membership (defined below), work in conjunction with Plume App and Plume Cloud Services to, among other things, function as an Adaptive WiFi™ system, described here. You must have an active Plume Membership or Partner Membership for the Plume Products to connect to and use the Plume Cloud Services. When not used with a Plume Membership or Partner Membership, Plume Products function as a passive WiFi system. (See Section 11.d.).
Please read these Terms of Service (“Terms”) carefully before using any Service or installing any Plume Products.
Your relationship may be directly with us (e.g., when you purchase Products or a Plume Membership directly from us), or as a result of your separate relationship with one of our partners (e.g., an internet service provider or other company) (each a “Plume Partner”) that has provided you Plume Products and access to one or more of our Plume Cloud Services (each a “Partner Membership”). If you purchased or otherwise received access to Plume Products and/or Plume Cloud Services through your relationship with a Plume Partner (e.g., by logging into the Plume App and managing an Adaptive WiFi™ system using your Partner Membership), the terms provided by your Plume Partner (the “Partner Terms”) will apply to your use of the Plume Products, Plume Cloud Services, Plume App, and Partner Membership. In that case, please refer to the Partner Terms and those other terms rather than these Terms as to your use of the Plume Products, Plume App, Plume Cloud Services, and Partner Membership.
These Terms apply: (1) whenever you use the Plume Products, Plume App, or Plume Cloud Services with your Plume Membership; or (2) whenever you use the Website (including the Store and Community). To avoid doubt, these Terms apply to all users of the Website, including users who are browsers, vendors, customers, merchants, and/ or contributors of content, and regardless of whether your membership is a Plume Membership or a Partner Membership.
Plume offers all Services and Products, including all information, tools and services available to you through the Services and Products, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms and, as applicable, the Partner Terms.
If you do not agree to all the terms and conditions of these Terms as applicable to you, then you must not access or use any Services.
Any new features or tools which are added to the Services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. If these Terms are deemed an offer, acceptance is expressly limited to these Terms.
Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PLUME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. You may not use the Products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms may, at our sole discretion, result in an immediate termination of your Services.
We reserve the right to refuse Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services without our express prior written permission.
We are not responsible if information made available on this Website (including, to avoid doubt, the Store or Community) is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the Store. We cannot guarantee that your computer monitor's display of any color will be accurate.
The Services may provide access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that, as between you and us, access to those tools is provided “as is” and “as available,” without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of third-party tools accessible through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Services may also contain third-party links directing you to third-party materials or websites or materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online (including as part of your participation in the Community), by email, by postal mail, or otherwise (collectively, “Comments”). You retain all of your ownership rights in your comments, but you hereby grant us a non-exclusive, unrestricted, royalty-free, fully-paid up, perpetual, irrevocable, and worldwide right and license to edit, copy, publish, distribute (including making Comments available to third parties), translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content (including any Comments) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product or Services descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, but before we have accepted it).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Products or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable law; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products, Services, or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Orders. Products and Services (including Plume Memberships) may be ordered via the Store by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Complete Payment” button on the checkout page. After placing an order, you will receive an acknowledgment from us that we have received your order and give you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Products or Services set forth on the order. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Complete Payment” button, you enter into an obligation to pay for the Products and Services set forth on the order. Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been dispatched ("Order Confirmation"). The contract between you and us in relation to the Products and Services set forth on the order ("Contract") will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with Products and Services in conformity with the Contract. The Contract will relate only to the Products and Services which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Products or Services which may have been part of your order until such Products or Services have been confirmed in a separate Order Confirmation.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Website is void where prohibited.
You agree to provide current, complete and accurate purchase and account information for all Products and Services ordered (including all Plume Membership subscriptions). You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Prices and Payment.
Prices. The price of Products and Services (including the Plume Memberships) are as quoted on the Store from time to time. Prices for the Products may include shipping costs if expressly noted on the Store at the time of checkout. Prices and shipping costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. It is always possible that, despite our efforts, some of the Products or Services listed on the Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product or Service correct price is less than our stated price, we will charge you the lower amount. If a Product or Plume Membership’s correct price is higher than the price stated on the Store, we will normally, at our discretion, either contact you for instructions before dispatching the Product or Service, or reject your order and notify you of such rejection.
Payment for purchases of any of the Products or Services offered on our Store must be made by credit or debit card on the checkout page. We accept payment with most major credit or debit cards. By providing a credit card or other payment method accepted by Plume Design, Inc., you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and any other additional charges that may be payable). Plume’s current third-party payment processor is Stripe. Stripe’s terms, available here, apply to payments for the Services.
If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
If you want to change or update payment information associated you can do so at any time by contacting us at firstname.lastname@example.org.
Shipping and Delivery
Products will be shipped in the manner and to the address indicated on the Order Confirmation. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 60 days following the date of Order Confirmation (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Plume customer support and clearly stating your desire to return the Product and completing the returns form available on our website here and submitting that form and other return information as we may reasonably request to Plume customer support at email@example.com. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. Plume customer service will provide you with a Return Materials Authorization ("RMA") that must be included with your return shipment to Plume so Plume can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller in connection with returns and refunds.
You have a legal obligation to take reasonable care of the Product(s) while in your possession prior to any refund claim. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Plume customer support that you desire to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to Plume). We will refund the price you paid for the Product plus original delivery cost. If you purchase a Product bundle (multiple Products sold together at a discount) (a “Bundle”) and you return only part of the Bundle, we will subtract the total Bundle discount from your refund. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Plume of the returned Product. The Product is not eligible for a refund after the 60-day period.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
Generally. Plume Products are designed to work in conjunction with a Plume Membership or Partner Membership. Plume offers the Plume Memberships as described here on a subscription basis. If you have a Partner Membership through a Plume Partner, these Partner Terms, and not these term, apply to that membership. Please note the Plume Partner is responsible for support for Plume Products, the Plume App, and your Partner Membership when you are using your Partner Membership. Refer to you Partner Terms for the applicable support contact information. Your Plume Membership allows the Plume Products to function as an Adaptive WiFi™ system by connecting to the Plume Cloud Services. Plume Memberships, and use of the Plume Cloud Services, must be managed and setup via the Plume App.
Subscription Period. Your Plume Membership subscription (i.e., the period during which your Plume Products will function in conjunction with the Plume Cloud Services) begins when you first claim a Plume Product to your Plume Membership and continues for the period indicated in the applicable Order Confirmation. Plume reserves the right to automatically start the Plume Membership subscription 60 days after shipment of the Plume Products purch are not earlier claimed. You agree that, unless otherwise specified by us at the time you purchase a Plume Membership, you are required to pay all Plume Membership fees in advance.
Renewal and Expiration. You will start receiving renewal notifications via email or via the Plume App 90 days before the Plume Membership subscription expiry date. A conversion to Passive Member Mode (defined below) notification will be sent to you if you have not renewed your Plume Membership subscription at least 7 days before the subscription expiry date. A final conversion notice will be sent on the membership expiry date. You agree that, if you sign up for a Plume Membership, we may send you such renewal and conversion notifications. If you renew your Plume Membership, the renewal term starts on the previous subscription term’s expiry date.
If you do not renew your Plume Membership subscription by the expiry date, we will provide you with a 30 day grace period during which you will have the option to provide us with payment to renew and continue the operation of the Services via the Plume Products. If you provide renewal payment during the 30 day grace period, the start of the term of the new Plume Membership subscription will be deemed to be the expiry date of the previous term. Your Plume Membership subscription will be fully terminated when renewal payment is not received at the end of the 30 day grace period.
Passive Member Mode. Plume Products and the Plume App will function in a limited capability without a valid Plume Membership. Without a Plume Membership, Plume Products will be restricted to static home Wi-Fi (“Passive Member Mode”) and will not receive Plume cloud-enabled performance, security, and usability enhancements. Without a Plume Membership, Plume App features will be restricted to basic network management and Wi-Fi configuration, viewing of Plume Products, and viewing of network devices (e.g., Third-Party Products). Plume Products will continue to receive firmware updates in accordance with Plume’s then-current support policies regardless of Plume Membership status.
Transfer and Termination. Plume Memberships are not transferrable. If a Plume Product that was associated with one Plume Membership or Partner Membership account is claimed by a different or new account, a new or different valid Plume Membership subscription (including payment of new Plume Membership subscription fees) will be required to complete the setup of same hardware on the other account.
You may request termination of your Plume Membership subscription anytime by contacting Plume Support at firstname.lastname@example.org. If you request termination within 60 days from the date of Order Confirmation for your purchase of new Plume Products coupled with a new Plume Membership subscription, you will receive a full refund upon the return of the hardware in its original packaging in good condition. Any unused Plume Membership subscription fees are not refundable if you terminate after the 60 day return period, but can be applied towards purchasing a Lifetime Membership subscription. If you do not pay the entire Plume Membership subscription fees up-front (e.g., your subscription fees are payable on a monthly basis) and you cancel your Plume Membership more than sixty days after you purchase that Plume Membership (see Section 11.e.), you agree that we may charge you (and you agree to pay) the subscription fees for the unused remainder of the subscription period. For example, if your Plume Membership subscription period is 12 months with subscription fees paid monthly and you terminate that Plume Membership with 6 months of the subscription period remaining, we have the right to charge you the fees you would have paid for that unused six-month period.
You acknowledge that the Services will not function if equipment other than the supported Plume hardware is used, or if there is an interruption of your user’s broadband or high-speed internet service
Limited Warranty. To the fullest extent permitted by applicable law, all Plume Products and Services are provided on "as-is" and “as available,” except as otherwise expressly provided here (the “Limited Warranty”). ANY WARRANTY ON ANY THIRD-PARTY PRODUCT SOLD THROUGH THE STORE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT AND NOT BY PLUME. PLUME MAKES NO WARRANTIES AS TO AY THIRD-PARTY PRODUCT. THIS SECTION 12 DOES NOT LIMIT THE TERMS OF ANY WARRANTY AS TO A THIRD-PARTY PRODUCT OFFERED BY THE MANUFACTURER OF THAT PRODUCT THAT IS SOLD BY PLUME TO YOU THROUGH THE STORE.
Disclaimers. Despite anything to the contrary:
i. Without limiting the generality of Section 12.a. and to the fullest extent permitted by applicable law:
the Products and Services are provided without, and Plume hereby disclaims, all warranties or conditions of any kind, express or implied, including any (i) warranties of title, quality, durability, non-infringement, that the Products or Services will met your expectations, or that any errors in the Products or Services will be corrected, and (ii) implied warranties of merchantability or fitness for a particular purpose.
You expressly agree that your use of, or inability to use, the Products or Services is at your sole risk.
Except as set out in the Limited Warranty, you will be solely responsible for (and Plume disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Services.
We do not guarantee, represent or warrant, or promise that:
your use of our Products or Services will be uninterrupted, timely, secure or error-free.
the results that may be obtained from the use of the Products or Services will be accurate or reliable.
You agree that, except as set forth in the Limited Warranty, from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
Warranty Claims. With respect to the Plume Products, you may choose whether to make a claim under these Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Plume Product, you should contact Plume at email@example.com.
Consequential Damages Exclusion. To the fullest extent permitted by law, in no case shall Plume, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (the “Plume Entities”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products or Services, or for any other claim related in any way to your use of the Products or Services, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Products or Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Liability Cap. Except as provided in Section 16.c. and to the fullest extent permitted by law, the aggregate (not per-claim) liability of the Plume Entities to you for all claims arising out of or relating to (i) the Products, (ii) the use of or inability to use any portion of the Services, or (iii) otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of (a) the amount you have paid Plume for the Products and access to and use of the Services in the 12 months prior to the event or circumstance first giving rise to a claim or (b) $100.00.
Essential Basis. Each provision of these Terms that provides for a damages exclusion, liability limitation, or disclaimer or warranties is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitation in this Section 13 will apply even if any limited remedy fails of its essential purpose.
Restrictions on Liability Limitations. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Plume and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Plume Design, Inc.
290 S. California Ave
Palo Alto, CA 94306
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
Repeat Infringers. We will promptly terminate without notice the accounts of users that we determine by are “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had user content (e.g., Comments) removed from the Service more than twice.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
Arbitration. Plume and you agree to arbitrate all disputes and claims that arise from or relating to these Terms or your use of the Products and/or Services in any way, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Plume may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
You agree that, by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class or representative action. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Plume should be sent to: Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306.
Plume will send notice to you at the e-mail and/or mailing addresses associated with your account. Your notice to Plume must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1 800 778 7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) where you are receiving Services. If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Plume and Plume users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
Costs of Arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1 800 778 7879). Plume will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Plume commences. If the value of your claim exceeds $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Plume to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Plume for amounts that Plume paid on your behalf.
No Class Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PLUME 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 PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 16, you must notify Plume in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to Plume at the following address: Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306. Subject to Section 16(g) below, if you do not notify Plume in accordance with this Section 16(f), you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance.
Such notification must include: (a) your name, (b) the email address associated with your Plume account, (c) your mailing address, and (d) a statement that you do not wish to resolve disputes with Plume through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Plume or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and Plume.
Future Changes to Arbitration Provision. If Plume makes any changes to the Dispute Resolutions and Arbitration section of these Terms (other than a change to the address at which Plume will receive notices of dispute, opt-out notices, or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306. It is not necessary to send us a rejection of a future change to the Dispute Resolution and Arbitration section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this Section 16 within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this Section 16, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof), temporarily or permanently, without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services (or any part or content thereof), provided that if we permanently discontinue the Plume Cloud Services, we will refund to you Plume Membership subscription fees attributable to periods of the your Plume Membership subscription which had yet to occur.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 18, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If you breach any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). All payment obligations accrued prior to termination and Sections 6, 12, 13, 16, 17, and 19, will survive any termination or expiration of these Terms.
Entire Agreement. These Terms and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Governing Law. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Santa Clara County, California, USA.
Contact Information. Questions about the Terms should be sent to us at firstname.lastname@example.org.
Resale; Freight Forwarding. Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the consumer at the time of delivery to the shipment address set forth on the Order Confirmation. Plume and/or the delivery carrier will be responsible for any Product loss or damage that occurs when the Product is in transit from Plume to the shipping address set forth on the Order Confirmation. To avoid doubt, Plume will have no responsibility for damages caused by or during any freight forwarding from the shipping address on the Order Confirmation to any other location. Where Plume provides replacement Products due to damage during shipment to the shipment address, Plume will have no obligation to deliver those replacement Products to any location other than the shipment address. To avoid doubt, nothing in this Section 19.j. will be deemed to limit your obligations under Sections 19.l or 19.m.
Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Compliance with Law. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
Export. Certain products, software or other materials ("Controlled Materials") that you may obtain through the Services (including the Products) may be further subject to export controls. Without limiting the generality of Section 19.l., you will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Controlled Materials to a prohibited country or otherwise in violation of any restriction, law, or regulation.
Notice Regarding Apple Devices. This Section 19.m. only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Plume only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Products, the Services, or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Products or Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Products or Services or your possession and/or use of the Products or Services, including: (a) product liability claims; (b) any claim that the Products or Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Products or Services and/or your possession and use of the Products or Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.