Last Updated Date: June 1, 2012
Plum District, Inc. (“Plum District”, “our” or “we”) provides an online daily deal service, which enables its users to purchase vouchers for a variety of products and services from a variety of Merchants (defined below) (collectively, the “Services”) through our website, accessible at http://www.plumdistrict.com/ (the “Site”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.plumdistrict.com/p/privacy_policy. These Terms govern your access to and use of the Site and the Services, your participation in the Plum District Referral Program (defined below) and all Site Content (defined below) and constitute a binding legal agreement between you and Plum District. As used herein, a “Merchant” is a third party seller or provider of goods and services; and a “Restaurant Merchant” is a Merchant which offers food and beverages for sale as part its regular business operations.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Plum District Content” means all Content that Plum District makes available through the Site or Service, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person that completes the Plum District account registration process, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Site Content” means Member Content and Plum District Content.
Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, BY INITIATING A TRANSACTION THROUGH THE SITE OR SERVICES, BY PARTICIPATING IN THE REFERRAL PROGRAM OR BY POSTING ANY MEMBER CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO PARTICIPATE IN THE REFERRAL PROGRAM OR TO ACCESS OR USE THE SITE, SERVICES, OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Plum District reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or Referral Program (defined below), or to terminate any sale of Vouchers through the Site or Services, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms and the home page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to access certain features of the Site and Services, you must register to create an account (“Account”) and become a Member. During the registration process, you will have the option of (i) registering directly with Plum District by providing your email address or (ii) by logging into the Services using your Facebook account credentials via Facebook Connect. Creating an Account for the first time through Facebook Connect will enable you to share information that you have provided to Facebook with Plum District according to your Facebook privacy settings. By using Facebook Connect, you are allowing Plum District to access your Facebook account information and you are agreeing to abide by the applicable terms of your Facebook account regarding your use of the Services via Facebook. If you are not currently registered as a Member and you click on “Login with Facebook”, you will first be asked to enter your Facebook credentials and then be given the option to register and join Plum District. We allow Members to automatically post recent activity back to Facebook, and give them the option to disable Facebook Connect at any time by accessing your Facebook account and disconnecting access to the Services.
You authorize us, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to your purchases via the Site and Services, which may include providing your information to such third parties. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Plum District reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Plum District of any unauthorized use of your Account.
See Plum District’s Privacy Policy at www.plumdistrict.com/p/privacy_policy for information and notices concerning Plum District’s collection and use of your personal information.
Through the Site and Services, Members can purchase vouchers offered by Merchants that can be used in exchange for goods and services provided by Merchants (“Vouchers”) at a promotional rate. Any Voucher purchased through the Site and Services is only redeemable for goods or services by the applicable Merchant. The Merchant, not Plum District, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher purchased through the Site and Services. If you, as a Member, choose to enter into a transaction with a Merchant through the Site and Services and purchase a Voucher from the Merchant via your Account, you are agreeing to any terms, conditions and restrictions associated with such Voucher. In connection with your purchase, you will be asked to provide customary billing information such as name, billing address and credit card information either to Plum District or its third party payment processor. You agree to pay Plum District for all purchases of Vouchers in connection with your Plum District Account and you hereby authorize the collection of such amounts on behalf of the Merchant by charging the credit card provided as part of your order, either directly by Plum District or indirectly, via a third party online payment processor. All fees are payable in United States dollars. Once your transaction is complete you will receive a confirmation email including your Voucher which you can print for use. You will also be able to print the Voucher by accessing your Plum District Account. All amounts paid for Vouchers are non-refundable. Credits will not be given for any unused Vouchers.
All Vouchers are subject to the terms and conditions of the participating Merchant. The holder and issuer of the Voucher is the Merchant and Plum District is not responsible for, nor will Plum District have any liability with respect to: (i) any goods or services offered or provided by a Merchant in connection with a Voucher or otherwise, including, but not limited to, any unclaimed property liability arising from unredeemed Vouchers; or (ii) any third party claims in connection with, or arising out of any such goods or services, or a Member’s use or possession thereof. Compliance with state statutes, codes or laws applicable to the Vouchers is the responsibility of the Merchants. The applicability and compliance with any relevant statutes, codes or laws is solely determined and consummated by the Merchant, and Plum District has no responsibility in this regard. By way of example, the Merchant, not Plum District, is responsible for compliance with all applicable laws with respect to the expiration and redemption of Vouchers. While the expiration date on the Voucher dictates the last date on which the Voucher may be redeemed from a Merchant, state laws (which vary state by state) and U.S. federal laws may provide that the Merchant is responsible for honoring the cash value that a Member paid for the Voucher for a period of time beyond the expiration date stated on such Voucher.
You, as a Member, are solely responsible for your use and redemption of Vouchers, including making any reservations with the Merchant, if applicable. Further, you will be responsible for, and will promptly pay, all applicable taxes and duties of any kind (including, but not limited to, sales, use and/or transaction taxes) associated with your purchase of goods and services using a Voucher. Unless otherwise stated on the Voucher, the terms accompanying the Voucher or required by law, the following additional terms apply to all Vouchers purchased through the Site and Services:
Unless prohibited by law, you agree that any violation of any Merchant's terms and conditions may result in: (i) forfeiture of any amounts paid for such Voucher; and (ii) denial of access to or use of the applicable product, service or Merchant property or removal therefrom.
All amounts paid for Vouchers are non-refundable. However, Members may resell Vouchers or give Vouchers as gifts if permitted by the applicable Merchant. If after your experience with a Merchant you are unsatisfied for any reason, or if a Merchant refuses to redeem a Voucher which you purchased via the Services and applicable law entitles you to such a redemption, or if you have any problems, claims or questions related to Vouchers, please contact us at help@plumdistrict.com and provide us with a description of the issue and/or comments regarding your experience. Plum District will consider your questions, as appropriate, in its sole discretion.
As a Member, by referring your friends to the Services or by engaging in other activities via the Services, you may participate in the Plum District Referral Program, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Plum District for which a Qualifying Referral (defined below) is completed, you may be able to receive Plum Dollars (defined below) (each a “Referral Reward”). “Plum Dollars” are “points” that may be applied as credits toward future purchases made by Members via the Site and Services. You may earn up to 100 Plum Dollars per year across all Plum District referral programs.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Account on the Site and select the “Refer My Friends” link; (ii) you must share the link provided with friends via Facebook and Twitter, by copying and pasting the unique referral link generated via the Services, or by sending the unique referral link generated via the Services in an email via the Services to your friends; (iii) a friend who clicks the link on Facebook, Twitter or otherwise or clicks the link contained in the email must create a Plum District Account and become a Member; and (iv) after becoming a Member, the friend must complete a purchase of a Plum Deal through the Site or Services. You may not earn Plum Dollars through the Referral Program and at the same time earn revenue via the Affiliate Program. Any violation may result in removal of Plum Dollars or account cancellation.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Account. Referral Rewards accrued in multiple Accounts may not be combined into one Account. You may not earn Referral Rewards by creating multiple Accounts. By acquiring Referral Rewards, you agree and acknowledge that Plum District is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Accounts.
Plum Dollars may only be redeemed for purchase of Vouchers via the Site and Services. You may only redeem Plum Dollars after the Plum Dollars are reflected in your Account. The scope, variety, and type of services and products that you may obtain by redeeming Plum Dollars can change at any time. Plum Dollars may not be used towards purchases of Plum Steals.
As of April 14, 2011 and subject to applicable law, all Plum Dollars expire six (6) months from the date following the last credit to your Plum Dollar Account. If for some reason you believe that there is a discrepancy regarding your balance of Plum Dollars, please contact us at help@plumdistrict.com. Plum District may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Plum District’s sole discretion. You are responsible for any tax consequences, if any, that may result from your redemption or use of Plum Dollars.
Without limiting any other terms of these Terms and subject to applicable law, all Plum Dollars are forfeited if your Plum District Account is terminated or suspended for any reason, in Plum District’s sole discretion, or if Plum District discontinues providing the Site and Services or the Referral Program.
The Site, Services, and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Plum District and its licensors exclusively own all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Site Content.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site and Services, you hereby grant to Plum District a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site and Services. Plum District does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Plum District the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Plum District’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with the terms and conditions of these Terms, Plum District grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Plum District Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Plum District grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Plum District or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at help@plumdistrict.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Plum District and you hereby irrevocably assign to Plum District and agree to irrevocably assign to Plum District all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Plum District’s request and expense, you will execute documents and take such further acts as Plum District may reasonably request to assist Plum District to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
Plum District will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Plum District may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Plum District has no obligation to monitor your access to or use of the Site, Services, or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Plum District reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Plum District, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Plum District respects copyright law and expects its users to do the same. Plum District has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Plum District’s Copyright Policy at www.plumdistrict.com/p/copyright_policy, for further information.
The Site may contain links to third-party websites or resources, including those of the Merchants. You acknowledge and agree that Plum District is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Plum District of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you breach any of these Terms, Plum District will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Plum District reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event Plum District terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by deleting your Account under the “My Account” section of the Site or by sending an email to help@plumdistrict.com. Any suspension, termination or cancellation will not affect your obligations to Plum District under these Terms (including, without limitation, terms and conditions applicable to Vouchers, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
THE SITE, SERVICES, REFERRAL PROGRAM AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLUM DISTRICT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PLUM DISTRICT ALSO DISCLAIMS ANY LIABILITY RELATING TO YOUR USE OF ANY GOODS OR SERVICES PROVIDED BY A MERCHANT RELATING TO A VOUCHER. PLUM DISTRICT MAKES NO WARRANTY THAT THE SITE, SERVICES, REFERRAL PROGRAM OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PLUM DISTRICT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, AND REFERRAL PROGRAM, YOUR ACCRUAL OF ANY PLUM DOLLARS, YOUR USE OF ANY VOUCHERS, INFORMATION OR CONTENT PROVIDED BY OR OBTAINED THROUGH THE SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT, OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICES. PLUM DISTRICT DOES NOT GUARANTEE THAT YOU WILL BE ABLE ACCESS OR USE THE SITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLUM DISTRICT OR THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT PLUM DISTRICT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES OR THE MERCHANTS, NOR DOES PLUM DISTRICT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR THE MERCHANTS, INCLUDING, BUT NOT LIMITED TO, STATEMENTS MADE ON OR RELATING TO THE VOUCHERS. PLUM DISTRICT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Plum District and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Site Content or your violation of these Terms; (b) your Member Content; (c) your participation in the Referral Program or your accrual of any Plum Dollars and (d) your interaction with any Merchant, redemption of a Voucher or acceptance or use of a Voucher or parts thereof, including without limitation (i) any condition caused by events beyond Plum District’s control that may cause the Voucher to be void or unusable, including any action or omission of a Merchant; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Voucher, or your acceptance, possession, or use of a Voucher, or from participation in the service or activity for which the Voucher is redeemable.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, SITE CONTENT AND VOUCHERS, AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM, REMAINS WITH YOU. UNDER NO CIRCUMSTANCES WILL PLUM DISTRICT, ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, SITE CONTENT, OR VOUCHERS MADE AVAILABLE THROUGH THE SITE OR SERVICES OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SITE CONTENT OR VOUCHERS, FROM YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLUM DISTRICT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PLUM DISTRICT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SITE CONTENT OR VOUCHERS, OR FROM YOUR PARTICIPATION IN THE REFERRAL PROGRAM (A) EXCEED THE AMOUNTS YOU HAVE PAID TO PLUM DISTRICT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO ANY LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO PLUM DISTRICT, OR (B) FIFTY DOLLARS ($50), IF YOU HAVE NOT MADE ANY PAYMENTS TO PLUM DISTRICT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLUM DISTRICT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of Plum District used herein are trademarks or registered trademarks of Plum District. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms, together with the Plum District Referral Program Terms and Conditions, constitute the entire and exclusive understanding and agreement between Plum District and you regarding the Site, Services, Site Content, Referral Program and Vouchers, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Plum District and you regarding the Site, Services, Site Content, Referral Program and Vouchers.
You may not assign or transfer these Terms, by operation of law or otherwise, without Plum District’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Plum District may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Plum District (i) via email (in each case to the address that you provide) or (ii) by posting to the Site and by you via email at help@plumdistrict.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Plum District to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Plum District. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Plum District at help@plumdistrict.com.
No purchase necessary to enter or win. A purchase of any kind will not increase your chances of winning. Void where prohibited.
OR
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. SPONSOR'S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
http://www.plumdistrict.com/p/privacy_policy and as allowed by law.
This Sweepstakes is in no way sponsored, endorsed, or administered by Best Buy, Restaurant.com, or StubHub.com.
