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Terms of Use

terms of use

Thank you for visiting this website, which is owned by Plum, Inc. (referred to herein as “we,” “us,” or “our”).  Your use of this website constitutes your agreement with these Terms of Use (“Terms”), as well as any other guidelines that we may post and all applicable laws.  Please read these Terms carefully, and if you do not agree with them, do not use this website.  We may update these Terms at any time, so you should check this page each time you visit. 

Your use of this website is also subject to our online Privacy Policy, which is incorporated herein by reference.

OWNERSHIP AND USE OF WEBSITE CONTENT

We own, license, or use with permission all Content on this website, as well as the arrangement and selection of the Content.  The Content includes all registered and unregistered trademarks, service marks, logos, wallpaper, icons, characters, artwork, audio and video clips, images, graphics, photographs, music, sound, information, text, data, software, code, and other material on this website.  Your unauthorized use of any Content may violate copyright, trademark, patent, privacy, or other U.S. and/or international laws, may infringe upon our rights or the rights of third parties, and could result in your personal liability, including potential criminal liability.

You are granted a limited, non-exclusive, non-sublicensable, revocable right to access this website and download, display, view, and use the website Content for your personal, non-commercial use, provided that you do not modify the Content or delete or change any copyright, trademark, or other notices.  Except for your User Content (described below), or unless expressly authorized by us, you may not otherwise use, copy, reproduce, distribute, publish, post, transmit, modify, adapt, translate, display, sell, license, prepare derivative works based upon, or exploit the Content.  You may not use bots, data-mining, or any other techniques to extract information from this website.

USER-GENERATED CONTENT

This website may include opportunities and interactive features (such as blogs, message boards, and other features) where users can post, submit, or upload on or through the website text, images, graphics, photos, videos, comments, reviews, and other information and materials (collectively, “User Content”).  Except in cases where the posting, uploading, or submission of User Content on or through this website is expressly conditioned on your transferring and assigning your rights in the User Content to us, you retain all of your legal rights, title, and interest in and to your User Content; provided, however, that in posting, submitting, or uploading any User Content to this website, you grant to us and our affiliates and subsidiaries a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to (1) use, not use, display, publish, reproduce, record, distribute, modify, reformat, perform, transmit, broadcast, translate, sell, sublicense, prepare derivative works based on, and otherwise exploit your User Content, for any commercial or non-commercial purpose, in any manner or medium whatsoever, in our sole discretion, and (2) use and exploit your name, image, and likeness in connection with any User Content that you post, upload, or submit, without compensation to you.  Please note that your User Content will not be treated as confidential or proprietary.  In addition, we are under no obligation to use any User Content that you provide.  Thus, you should not provide any User Content that is confidential or proprietary or that you do not wish to license to us as described above. 

With regard to any User Content that you provide, you represent and warrant that:

- You own the User Content and/or have a valid right to use, submit, or post it and grant the licenses and rights described herein;
- Your User Content does not and will not violate the intellectual property, privacy, or other rights of any person; and
- Your posting of any User Content does not and will not violate these Terms. 

You further acknowledge and agree that:

- You are responsible and liable for all such User Content that you submit, post, or display.
- You are responsible and liable for any activity that occurs under your user
- You shall not abuse, harass, threaten, or intimidate other users of this website.
- You shall not use this website for any illegal or unauthorized purpose.
- You shall not post User Content that is harmful, offensive, threatening, libelous, defamatory, obscene, unlawful or objectionable.
- Except as may be expressly permitted by us, you shall not use this website to promote any commercial activity, such as advertising any product or service.

We reserve the right, in our sole discretion, to:

- Review, edit, or delete any User Content, without undertaking any responsibility to do so;
- Adopt rules in any community area or condition access to any areas or features by any individual or group on certain criteria, deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and change or modify the criteria or rules at any time; and
- Deny any user access to this website.

NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT

If you believe that your copyrights in a work have been infringed by a third party, such as by improper posting or distribution via this website, then you can send us a notice of alleged copyright infringement pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”), and we will respond appropriately. The notice must comply with the DMCA and include all of the following information:

(1) A legend or subject line “DMCA Copyright Infringement Notice”;
(2) A description of the copyrighted work that you believe has been infringed;
(3) The URL of the site and a description of where the allegedly infringing material is located on that site;
(4) Your address, telephone number, and e-mail address;
(5) A statement that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(6) A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(7) Your electronic or physical signature.

We reserve the right to respond to DMCA notices that do not comply with any of these requirements in our discretion.

You may send DMCA notices by mail, e-mail, or facsimile:

If by mail to:
DMCA Agent /Customer Service
Plum, Inc.
1485 Park Ave. #200
Emeryville, CA 94608

If by e-mail to: info@plumorganics.com

Use subject line: DMCA Agent

THIRD PARTY CONTENT

This website may contain Content owned by third parties and/or reference a third party’s name, trademarks, products, or services.  We do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with, any third parties or their products and services or any Content provided to this website by third parties.                                                               

Links to Third Party Websites

This website may contain links to or from third party websites.  Links to other websites are provided solely as a convenience, and we are not responsible for the content or operation of any third party sites linked to this website.  All activities you engage in connection with a linked site are subject to the terms and conditions and policies imposed by the site operator, and we disclaim all liability in connection with such activities.

Disclaimers; LIMITATIONS ON LIABILITY

This website and the Content and services provided on or through this webSite are offered in good faith and believed to be accurate and reliable when made, but are offered “as is,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRNGEMENT.  WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT INFORMATION WILL ALWAYS BE AVAILABLE, OR THAT THE WEBSITE OR SERVERS, HARDWARE, OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.  

The Content on this website is provided for informational purposes only.  We do not provide medical advice regarding the diagnosis, prevention, mitigation or treatment of any condition, circumstances or disease, nor do we recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website.  The Content is not intended to be a substitute for professional medical advice regarding the diagnosis, prevention, mitigation or treatment of any condition, circumstances or disease.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before you apply or rely on the Content in any way.  Never disregard professional medical advice or delay in seeking it because of something you have read on this website.  If you think you may have a medical emergency, call 911 and your doctor immediately.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES AND SUBSIDIARIES, OR ANY OF OUR OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE OR INVOLVED IN CREATING ANY WEBSITE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, AND WHETHER OR NOT THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, ANY CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, OR ANY INFORMATION FOUND THROUGH LINKS POINTING OUTSIDE OF THIS WEBSITE.

GOVERNING LAW; Jurisdiction; VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of California in the United States, without regard to conflicts of law principles, and regardless of your country of origin.  You hereby consent and submit to the exclusive jurisdiction and venue of federal and state courts located in Alameda County, California for any legal proceeding directly or indirectly arising out of or relating to this website or these Terms. 

This website is operated from the United States, and we make no representation or warranty that the Content is appropriate or available for use in locations outside of the United States.  If you access or use this website from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for complying with applicable laws, rules, and regulations.  Access to this website and Content from territories where such access or Content is unlawful or illegal is prohibited.  We may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates and subsidiaries, and our and their officers, directors, owners, employees, licensors, and agents from and against any and all claims, actions, judgments, demands, suits, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to your use of this website, including any Content and services, any User Content you submit or post, or your violation of these Terms.

Severability

If any of these Terms is deemed unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from- and shall not affect the validity or enforceability of- the remainder of these Terms.

How to Contact Us

Plum, Inc.
1485 Park Ave. #200
Emeryville, CA 94608

Phone: 1-877-914-PLUM
Email: info@plumorganics.com

PRIVACY POLICY

Plum Organics’ Privacy Policy was created to provide consumers clarity around the type of information we collect and how we protect and use it in order to offer the best online experience possible.

By accepting our Privacy Policy, you acknowledge and consent to all of the terms and practices described in this Policy that are applicable to our online properties including Facebook and our website.

Information Collected

We access and store certain Personal Information that you submit voluntarily, including information you may provide on Facebook.  On occasion, we ask for Facebook-provided permissions in our applications.  Access to this information must be allowed by the user and is revocable at anytime through the Facebook account settings.  When opting into the Plum Organics email list, you may be asked to provide your name, address, email and age(s) of your child or children.  This information ensures Plum Organics is able to provide you with the most appropriate information tailored to your location, as well as product information suitable for the age of your child.  When contacting Plum Organics via email, we may collect information that is contained in or attached to your email such as your name, mailing address, email address, and telephone number.

Non-Personal information collected, such as your domain name, browser type, IP address, and actions taken and time spent while on the Plum Organics website, may be collected to better understand the behavior and needs of our consumers.

We will never require more personal information than is necessary in order to participate in online activities such as promotions, surveys, contests, and applications. We do not require that you provide personally identifiable information in order to access our online properties.

Use Of Information Collected

Plum Organics is the sole owner of both Personal and Non-Personal information collected from all online properties including social networks such as Facebook. We will never rent, exchange, sell or abuse any of the information given in ways different than what is disclosed in this Policy. Information collected will only ever be used for that which you specifically provided it for. Plum Organics does not share any information provided to us outside of our organization, except for third party vendors that are legally obligated to maintain the confidentiality of all of the information we provide them. Third parties assist our company in creating and managing activities on our properties pertaining to promotions, contests, giveaways and applications.

Information that you submit to us, or to third parties that support us in collecting Personal and Non-Personal Information, is predominantly used to allow Plum Organics to better understand your behaviors and be able to provide consumers with better service and online and social experiences.

We may also use your information in order to supply you with newsletters, promotional emails, product information, event-related news, surveys, and samples, should you request to receive such communications from Plum Organics. At any point, you may limit access to Facebook permissions by simply disallowing the application.  You are able to opt-out of receiving our email communications at any time by simply unsubscribing to our newsletters, which is an action you are clearly prompted to take at the beginning and in the footer of all email communications.   If your Personal Information changes, such as a mailing address update, or you add more little ones to your family, or if you would like to remove any personal data provided to us, please email us at info@plumorganics.com with the subject line: Privacy Policy.

Effective Date:  1/31/2013