Last Updated Date: January 9, 2014
Please be advised that these Terms contains provisions that govern how claims you and we have against each other are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration on an individual (i.e., non-class) basis.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, BY INITIATING A TRANSACTION THROUGH THE SITE OR SERVICES, BY Purchasing any deal or printing, accepting, using or redeeming, or attempting to use or redeem any voucher for a deal, 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 PLEASE DO NOT USE THIS SITE OR THE SERVICES AND DO NOT PURCHASE ANY DEAL OR USE ANY VOUCHER. IF YOU DO NOT AGREE TO THESE TERMS, 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.
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 (1) these Terms, and (2) 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.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Deal” means goods, services and/or other items provided by Merchants at a promotional rate that can be purchased on the Site.
“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.
As used herein, a “Merchant” is a third party seller or provider of goods, services and/or other items; and a “Restaurant Merchant” is a Merchant which offers food and beverages for sale as part its regular business operations.
“Site Content” means Member Content and Plum District Content.
“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.
A “Voucher” can be used by the holder to demonstrate that the holder is entitled to the Deal identified on the voucher.
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 Deals 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 confirming 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.
Through the Site and Services, Members can purchase Deals offered by Merchants and then receive Vouchers demonstrating that the Holder has acquired goods, services and/or other items provided by Merchants at a promotional rate. Any Voucher for a Deal purchased through the Site and Services is only redeemable the good(s), service(s) and/or other item(s) identified on the Voucher by the applicable Merchant. You acknowledge and agree that the Merchant, not Plum District, is the seller of the DEAL and the goods, services and/or other items and is solely responsible for redeeming any Voucher FOR A DEAL 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 Deal from the Merchant via your Account, you are agreeing to any terms, conditions and restrictions associated with such Deal. 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 Deals 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 that includes or constitutes you’re the Voucher for your Deal 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 Deals are non-refundable and credits will not be given for any unused Vouchers unless otherwise required by law.
As noted, the holder and issuer of the Voucher for a Deal is the Merchant and Plum District is not responsible for, nor will Plum District have any liability with respect to: (i) any goods, services and/or other items offered or provided by a Merchant in connection with a Deal 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, services and/or other items, or a Member’s use or possession thereof. Compliance with state statutes, codes or laws applicable to Deals and 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.
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 acquisition of goods, services or other items using a Voucher. Unless otherwise stated on the Voucher, the terms accompanying the Voucher or Deal or required by law, the following additional terms apply to all Deals purchased through the Site and Services:
Most Vouchers have two separate values: (a) the “paid value” and (b) the “promotional value”. The paid value is the amount that you paid for the Deal; the promotional value is an amount in excess of the amount you paid for the Deal. For instance, if you pay $10 for a Deal, and you can redeem the Voucher for $25 at a Merchant, the paid value is $10 and the promotional value is $15.
Except for Deal Vouchers that are redeemable for an event that is to take place on a specific dates or dates (e.g., a concert, art show, cruise) or an event or venue only open for a limited time (e.g., Halloween haunted house) (collectively “Dated Events”), the paid value of a Deal Voucher will not expire. Merchants may, however, specify that the promotional value may expire after a specified date. Any applicable promotional value expiration date will be printed on the Voucher.
If your Voucher is redeemable for a certain value of merchandise (e.g., pay $10 for a Deal and the Voucher can be used to obtain $25 in merchandise), you may redeem your Voucher over multiple visits. However, when you make a purchase, the purchases will be subtracted from the paid value portion of your Voucher first. If your Deal is redeemable for a specific item or service (e.g., pay $10 for a Voucher exchangeable for a manicure), after the promotional value expiration date an unused Voucher is redeemable for the paid value (e.g., $10) at the Merchant.
Vouchers for Dated Events must be redeemed before or on the event date since the Voucher will not be redeemable thereafter.
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 Deal and (ii) denial of access to or use of the applicable product, service or Merchant property or removal therefrom.
You may request a refund of the paid value (only) of a Deal from Plum District if you have not redeemed the Voucher, in the following instances:
Plum District reserves the right, in its sole and exclusive discretion, to investigate whether any refund request is improperly made (including, but not limited to, if you redeemed your Voucher and are also requesting a refund). Plum District also reserves the right, in its sole and exclusive discretion, to offer refunds in other instances but is not obligated to do so. If after your experience with a Merchant you are unsatisfied for any reason, or if you have any problems, claims or questions related to Vouchers, please contact us.
Refunds that are requested within seven (7) calendar days of the Deal’s purchase will be made to the payment device used to purchase the Voucher. In all other instances, you may elect to have the refund issued to you via a check.
To make a refund request, email Plum District at firstname.lastname@example.org and provide us with a description of the issue and/or comments regarding your experience.
In addition to obtaining a refund from Plum District pursuant to the terms stated in these Terms, each Merchant may in its sole discretion offer a refund. Plum District cannot and does not guarantee the issuance of any refund by a Merchant.
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 Deals 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 email@example.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 firstname.lastname@example.org 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 email@example.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, DEALS 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, DEALS 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, DEALS 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.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
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. In the event arbitration is not mandated pursuant to the Dispute Resolution provision above, 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 firstname.lastname@example.org. 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 email@example.com.
Eligibility: To enter, you must be a legal U.S. resident who is 18 years of age or older at the date of entry. Plum District company employees, Offerpop employees, their respective parents, subsidiaries, bloggers, affiliates, divisions, suppliers, distributors and advertising, promotional and judging agencies, and household members of each and their immediate family members are not eligible to participate or win. Void where prohibited by law.
How To Enter the“#Plumtober Pumpkin Carving Photo Contest": There is no purchase necessary to participate. A purchase does not increase your chances of winning. You must “like” the Plum District Facebook page and provide your email address to enter. Photos may be entered through the Offerpop landing page on Facebook, or by mentioning Plum District and the contest hashtag on Instagram or Twitter. Winners will be notified via email on November 3rd, 2014 when the contest ends. Photos are voted on by the community, and the three photos with the top votes will win. Each user may enter one photo only. Each winner takes into account all votes received from October 27th, 2014 at 12:01AM PST up to November 3rd, 2014 at 12pM PST. Voting is allowed once every 24 hours. Use of computer programs and other automatic means to enter or vote is prohibited and will result in disqualification.
Prize Notification and Redemption: Winners will be notified by November 3rd, 2014 at 1pM PST. Shipping information for all prizes will occur within two weeks of the winner announcements and will be carried out by Plum District.
Giveaway Dates: Photo entries can be made from Friday, October 17, 2014 at 12:01AM PST to Sunday, October 26th at 11:59PM PST. Votes can be made from Friday, October 27th, 2014 at 12:01AM PST to Monday, November 3rd, 2014 at 12PM PST. Contest ends at 12:00PM PST on Monday, November 3rd, 2014.
Rights: By entering the giveaway, entrants agree to have their submitted name displayed on our website and used by Plum District for marketing and promotional purposes, without any fee or other form of compensation. We reserve the right to disqualify users, without notice, and for any reason.
General Rules: By participating in the contest, entrants agree to be bound by these Official Rules and the decisions of the Administrator. Return of any prize/prize notification will result in disqualification and an alternate will be selected. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entries become the property of the Sponsor. The Sponsor is not responsible for technical malfunctions of any kind or by any human error, which may occur in the processing of the entries. Winners may be required to show proof of being the authorized account holder of the account associated with the entry. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the giveaway. If, for any reason, the contest is not capable of running as planned, then the Sponsor reserves the right at its sole discretion to cancel the contest and select the applicable winners in a random drawing from among all eligible entries received prior to cancellation. By entering the contest, you hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. By entering the contest, you agree that any and all disputes, claims and causes of action arising out of or connected with the campaign, or any prize awarded, will be resolved individually, without resort to any form of class action.