Welcome to the https://plumpracticewear.com/website (the “Website”). By using the Website and any Plum Leotards, LLC(hereinafter, “Plum”) product (“Plum Product(s)”), You agree to these Terms and Conditions of Use (the “Terms”). Please read the Terms carefully. Your use of this Website constitutes Your agreement to these Terms. If You do not agree to these Terms, You are not permitted to access or use this Website and must promptly exit this website.
Modifications to Terms
Plum reserves the right to modify or amend these Terms at any time. All changes shall be effective immediately upon their posting and Your continued use of the Website.
When You use the Website, or send e-mails or other communications to Us, You are communicating with Us electronically. You consent to receive communications from Plum electronically, such as through e-mail or by posting notices and messages on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Copyright and Trademark
PLUMTM, PLUM PRACTICEWEARTM, CHALK IT UP!®and the ® logo and other Plum graphics, logos, page headers, images, button icons, audio and video clips, scripts, digital downloads and service names included in or made available through the Website are trademarks, trade dress, copyright, and intellectual property of Plum and are protected by United States and international intellectual property laws. The misuse of any of the foregoing or other content is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright or trademark of Plumor any third party that appear on the Website.
License and Access
All rights not expressly granted to You in these Terms are reserved and retained by Plum.
You may not use the Website or its contents for any purpose prohibited or restricted by law or in any manner that violates these Terms. The license granted to You by Plumshall terminate immediately if You violate these Terms, the terms and agreement applicable to any purchase of a Plum Product, or any and all applicable laws.
DMCA Notice and Take Down Procedures
If You believe that any content on the Website infringes upon Your copyrighted material(s), then you may submit a notice and take down request pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- 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 Us to locate the material;
- Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and/or an e-mail address;
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate, submitted under penalty of perjury, and that the complaining party is the copyright owner or otherwise authorized to act on behalf of the owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner.
The designated Copyright Agent for Plum to receive notice and takedown requests is Gennaro Palladino. All notifications shall be sent to the Copyright Agent via email at firstname.lastname@example.org or by mail to PO Box 432, Kenilworth, NJ 07033. You acknowledge and agree that if You fail to comply with all the foregoing requirements, Your DMCA notice and take down request may not be valid.
FOR PURPOSES OF CLARITY ONLY, THE PRECEDING INFORMATION IS PROVIDED TO YOU EXCLUSIVELY FOR NOTIFYING PLUM ABOUT POTENTIALLY INFRINGING COPYRIGHTED MATERIAL ON THE WEBSITE. ALL OTHER INQUIRIES, SUCH AS QUESTIONS ABOUT THE PLUM PRODUCTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If You create an account through the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Plum does not sell Products and Services to children, but it does sell them to adults, who can purchase such Products and Services with a credit card or other permitted payment method. If You are under the age of eighteen (18), You may only use the Website, and purchase Plum Products and Services, with involvement of a parent or guardian. Plum reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications and Other Content
Plum may from time to time monitor, review and, in its sole discretion, modify or delete any postings and/or content uploaded on this Website; however, Plum is not obligated to do so. Plum does not monitor or regularly review content on the Website.
Visitors may send electronic communications and submit suggestions, ideas, comments, questions, or other information to Plum through the Website, so long as such communications are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
Except as set forth on this Website, if You submit any communications to Plum, You are giving the information contained in such communications to Plum free of charge and such information shall be deemed non-confidential. You grant Plum a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media, without Your consent.Plum shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. You grant Plum and its sublicensees the right, but not the obligation, to use Your name or the name that You submit in connection with such communications. You represent and warrant that all information submitted, and all of the rights in and to such information: (i) are owned or otherwise controlled by You; (ii) are accurate; (iii) does not violate these Terms or any third-party rights; (iv) shall not cause injury to any person, entity or property; (v) and that You shall not use a false e-mail address or identity, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
Risk of Loss, Returns, Refunds, and Title
The risk of loss and title for Plum Products You purchase from Us passes to You upon Our delivery to the carrier. Plum does not take title to returned items until the returned items are received by Plum. For more information about returns and refunds, please see Plum’s Make a Returnand/or the Return Policypages.
Plum attempts for the Product descriptions to be as accurate as possible. However, Plum does not warrant that Product descriptions are accurate, complete, reliable, current, or error-free. If You purchase a Product offered by Plum on the Website and, upon receipt, it is not as described, Your sole remedy is to return it in unused condition.
In the event a Plum Product is listed at an incorrect price on the Website due to typographical error or other error, Plum shall contact You with instructions before shipping or canceling Your order and notify You of such cancellation. Plum shall have the right to cancel any such orders whether or not the order has been confirmed and Your credit card charged.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PLUM PRODUCTS AND ALL CONTENT CONTAINED IN THE WEBSITE ARE PROVIDED BY PLUM FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. ALL PLUM PRODUCTS AND CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.
PLUM, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, PLUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE PLUM PRODUCTS PROVIDED ON OR THROUGH THE USE OF THIS WEBSITE OR ANY SITE OR SITES "LINKED" TO THIS SITE. PLUM MAKES NO WARRANTY THAT THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLUM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND THE PLUM PRODUCTS, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE WEBSITE AND THE PLUM PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT: (i) YOUR USE OF THE WEBSITE AND THE PLUM PRODUCTS AND ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND (ii) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless Plum from and against any and all third-party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from: (i) Your improper use of the Website or the Plum Products, (ii) Your violation of these Terms, or (iii) Your infringement of any intellectual property or other right of any person or entity.
Plum may provide links to other third-party websites that are independent from Plum. Plum is not responsible for, and has no control over, the content, practices, or standards of the third-party websites. Inclusion of any third-party link does not imply a recommendation or endorsement by Plum. Plum is not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party websites, websites framed within this Website, or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third-party websites is at Your own risk and subject to the terms and conditions of use for such sites.
Any dispute arising in connection with Your use of this Website or any Plum Product must be brought within one (1) year of the date of the event giving rise to such action occurred. Any dispute arising from a transaction with the Website shall first be addressed by the parties through mutually agreed to informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty (30) days of the date of the first dispute resolution meeting, You irrevocably consent to personal jurisdiction by and venue in the state and federal courts located in State of New Jersey for the resolution of any such disputes, and waive any objection to such jurisdiction or venue.
These Terms, and any dispute of any sort that might arise between You and Plum, are governed by the internal substantive laws of the State of New Jersey, without resort to its conflict of laws principles.
If a court deems any provision of these Terms unenforceable or invalid, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Plum Leotards, LLC
PO Box 432
Kenilworth, NJ 07033