Legal

Plume Terms of Sale - March 31

Last Updated: March 31, 2021

Welcome to the online store (the “Store”) provided by Plume Design Inc. (“Plume,” “we,” or “us”) and thank you for your interest in the innovative products and services we build. Your purchase of products ( “Products”), including the Plume-branded hardware products (“Plume Products”), and/or subscription services (“Subscription Services”), including Plume’s membership subscriptions to its Plume HomePass Services (as defined in the HomePass Membership and Cloud Services Agreement) (“HomePass Membership”) and Plume WorkPass Services (as defined in the WorkPass Membership and Cloud Services Agreement**) (“WorkPass Membership”), is your agreement to be bound to these Plume Terms of Sale (“Terms”), and any additional terms we provide, including, as applicable, our** HomePass Membership and Cloud Services Agreement**,** WorkPass Membership and Cloud Services Agreement**,** Website Terms of Use**,** Privacy Policy**,** Limited Warranty**, any other terms posted at www.plume.com/en-GB/legal, and any other terms included in-box with any Products.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” “PURCHASE,” “COMPLETE ORDER,” OR BY OTHERWISE PLACING AN ORDER FOR PRODUCTS AND/OR SUBSCRIPTION SERVICES YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE AND USE PRODUCTS AND/OR SUBSCRIPTION SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT PURCHASE THE PRODUCTS AND/OR SUBSCRIBE TO THE SUBSCRIPTION SERVICES.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12.2, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PLUME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 12.)

Although the Store is accessible worldwide, the Products and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Subscription Services outside a country in which Plume supports the Store, Products, and/or Subscription Services (each, a “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in that country. You understand and accept that the Store and the Products and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the fullest extent permissible by law, Plume accepts no, and hereby disclaims all, responsibility or liability for any damage or loss caused by your access or use of the Store, Products and/or Subscription Services in a non-Target Country.

1. AVAILABILITY AND PRICING

All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with Section 9. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in Section 5.3.

2. ACCOUNTS

In order to make a purchase via the Store, you may be required to provide us with some information about yourself, such as your name, email address, shipping address, and payment information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email address.

3. ORDERS

3.1 Products and Subscription Services may be ordered via the Store (“Store Purchases”) or via Plume’s mobile app (the “Mobile App”) (“In-App Purchases”) by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order” button on the checkout page (each an “Order”). After placing an order, you will receive an acknowledgment from us that we have received your order and give you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Products or Stores set forth on the order. In-App Purchases are purchased from and billed by your App Provider (defined below), not Plume, and are subject to the App Provider’s terms and conditions.

3.2 All Orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Place Order” button, you enter into an obligation to pay for the Products and Stores set forth on the order. Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been dispatched (“Order Confirmation”).

3.3 The contract between you and us in relation to the Products and Subscription Services set forth on the order (“Contract”) will only be formed when we send you the Order Confirmation. The Contract will relate only to the Products and Subscription Services which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Products or Subscription Services which may have been part of your order until such Products or Subscription Services have been confirmed in a separate Order Confirmation.

3.4 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right, but are not obligated, to limit the sales of our Products or Stores to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Stores that we offer. We reserve the right to discontinue any Product or Store at any time. Any offer for any Product or Store made on this website is void where prohibited.

4. PAYMENT TERMS

4.1 Price. The price of Products and Subscription Services are as quoted on the Store or Mobile App from time to time. Prices for the Products may include shipping costs if expressly noted on the Store or Mobile App at the time of checkout. Prices and shipping costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. It is always possible that, despite our efforts, some of the Products or Subscription Services listed on the Store or Mobile App may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product or Subscription Service’s correct price is less than our stated price, we will charge you the lower amount. If a Product or Subscription Service’s correct price is higher than the price stated on the Store or Mobile App, we will normally, at our discretion, either contact you for instructions before dispatching the Product or Subscription Service, or reject your order and notify you of such rejection.

4.2 Payment

a. Payment for Store Purchases and In-App Purchases must be made by credit or debit card, or the other payment means made available at the time of checkout. We accept payment with most major credit or debit cards, via our financing partner, Affirm, and via your linked third party payment processing account (e.g., your account with the app store or distribution platform, such as the Apple App Store, Google Play, or the Amazon Appstore) where the Mobile App may be made available (each, an “App Provider”). Payments using Affirm are subject to Affirm’s terms, available here. Learn more about Affirm financing options here.

b. By providing a credit card or other payment method accepted by Plume (e.g., via your account with your App Provider), you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor, or your linked third party payment processing account) to charge your payment method for the total amount of your order (including any applicable taxes and any other additional charges that may be payable). When paying by credit card, Plume or the applicable third party (e.g., your App Provider) may seek pre-authorization prior to your purchase to verify that the credit card or other payment method is valid and has the necessary funds or credit available to cover your purchase. Plume’s current third-party payment processor is Stripe. Stripe’s terms, available here, apply to payments for the Stores.

c. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

d. If you want to change or update payment information associated with Store Purchases, you can do so at any time by contacting us at [email protected].

5. SUBSCRIPTION SERVICES

5.1 Subscription Plans. Plume offers different subscription plans for its Subscription Services. For HomePass Subscription Service information, go to https://www.plume.com/en-GB/homepass/whats-included/. For WorkPass Subscription Service information, go to https://www.plume.com/workpass/whatsincluded.

5.2 Recurring Payments. If you activate a Subscription Service, you authorize Plume or your App Provider, as applicable, to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. Except as otherwise set forth in the specific terms applicable to a Subscription Service (e.g., as to HomePass Memberships or WorkPass Memberships), the “Subscription Billing Date” for that Subscription Service is the date when you purchase your first subscription to the Subscription Service. As to all Subscription Services, your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We, or the App Provider, as applicable, will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method (i) if you change your payment information or (ii) if your payment for the initial term of the Subscription Service was made via Affirm).

5.3 Subscription Termination.

a. If you purchased your Subscription Service subscription through the Store, you may request termination of your Subscription Service subscription anytime by contacting Plume Support at [email protected]. If you request termination within 60 days from the date of Order Confirmation for your purchase of new Products that are sold coupled with a new Subscription Service, you will receive a full refund upon the return of the hardware in its original packaging in good condition. Any unused HomePass or WorkPass Membership subscription fees are not refundable if you terminate after the 60 day return period.

b. If you purchased your Subscription Service subscription through an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Subscription Services ordered until the end of your current subscription period.

c. If you do not pay the entire Subscription Service subscription fees up-front (e.g., your subscription fees are payable on a monthly basis) and you cancel your Subscription Service more than sixty days after you purchase that Subscription Service, you agree that we may charge you (and you agree to pay) the subscription fees for the unused remainder of the subscription period. For example, if you purchase a HomePass Membership with a subscription period of 12 months and subscription fees paid monthly and you terminate that HomePass Membership with 6 months of the subscription period remaining, we have the right to charge you the fees you would have paid for that unused six-month period.

5.4 Delinquent Accounts. Plume may suspend or terminate access to the Subscription Services, including fee-based portions of the Store, Subscription Services, or Mobile App, for any account for which any amount is due but unpaid. In addition to the amount due for the Subscription Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

6. PRODUCT RETURNS

6.1 If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 60 days following the date of Order Confirmation (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Plume customer support and clearly stating your desire to return the Product and completing the returns form available on our website here and submitting that form and other information as we may reasonably request to Plume customer support at [email protected]. Although it will not affect your right to a refund, please include details on how and when you purchased the Product and your reason for returning the Product. Plume customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to Plume so Plume can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller in connection with returns and refunds as Plume cannot, and has no obligation, to process returns and/or refunds for products not purchased via the Store.

6.2 You have a legal obligation to take reasonable care of the Product(s) while in your possession prior to any refund claim. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.

6.3 To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Plume customer support that you desire to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to Plume), provided that, we may, as a courtesy, include return shipping labels at our discretion. We will refund the price you paid for the Product plus original delivery cost. If you purchase a Product bundle (multiple Products sold together at a discount) (a “Bundle”) and you return only part of the Bundle, we will subtract the total Bundle discount from your refund. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).

6.4 We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Plume of the returned Product. The Product is not eligible for a refund after the 60-day period.

6.5 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

7. RESALE; TITLE TRANSFER; FREIGHT FORWARDING

Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the consumer at the time of delivery to the shipment address set forth on the Order Confirmation. Plume and/or the delivery carrier will be responsible for any Product loss or damage that occurs when the Product is in transit from Plume to the shipping address set forth on the Order Confirmation. To avoid doubt, Plume will have no responsibility for damages caused by or during any freight forwarding from the shipping address on the Order Confirmation to any other location. Where Plume provides replacement Products due to damage during shipment to the shipment address, Plume will have no obligation to deliver those replacement Products to any location other than the shipment address.

8. SHIPPING AND DELIVERY

Products will be shipped in the manner and to the address indicated on the Order Confirmation. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

9. MODIFICATION OF THESE TERMS

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Stores. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

10. DISCLAIMERS; NO WARRANTIES

THE STORE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE STORE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PLUME DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE STORE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE STORE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PLUME DOES NOT WARRANT THAT THE STORE OR ANY PORTION OF THE STORE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE STORE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PLUME DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

All Products and Subscription Services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty or the specific terms applicable to the Subscription Service, as applicable. With respect to Plume Products, you may choose whether to make a claim under these Terms, the Limited Warranty, or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Plume Product, you should contact Plume in accordance with the procedures set forth in the Limited Warranty.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STORE OR PLUME ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE STORE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PLUME ENTITIES OR THE STORE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE STORE AND YOUR DEALING WITH ANY OTHER STORE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE STORE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE STORE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

You use any Products or Subscription Services at your own discretion and risk. You will be solely responsible for (and Plume disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your Product, other peripherals connected to the Product, computer, mobile device, and all other items in your home.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Plume does not disclaim any warranty or other right that Plume is prohibited from disclaiming under applicable law.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PLUME ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE STORE OR ANY MATERIALS OR CONTENT ON THE STORE, OR ANY PRODUCTS OR SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PLUME ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 12 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE (I.E., NOT PER CLAIM) LIABILITY OF THE PLUME ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE STORE, PRODUCTS, SUBSCRIPTION SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PLUME FOR THE PRODUCT AND/OR SUBSCRIPTION SERVICE AT ISSUEN THE 6 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. DISPUTE RESOLUTION AND ARBITRATION

12.1 Generally. In the interest of resolving disputes between you and Plume in the most expedient and cost effective manner, and except as described in Section 2 you and Plume agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLUME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2 Exceptions. Despite the provisions of Section 1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

12.3 Arbitrator. Any arbitration between you and Plume will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at adr.org, by calling the AAA at 1-800-778-7879, or by contacting Plume. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

12.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Plume’s address for Notice is: Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Plume may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Plume must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Plume in settlement of the dispute prior to the award, Plume will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

12.5 Fees. If you commence arbitration in accordance with these Terms, Plume will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Plume for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

12.6 No Class Actions. YOU AND PLUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Plume agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12.7 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 12, you must notify Plume in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to Plume at the following address: Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306. Subject to Section 9 below, if you do not notify Plume in accordance with this Section 12.7, you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (a) your name, (b) the email address associated with your Plume account, (c) your mailing address, and (d) a statement that you do not wish to resolve disputes with Plume through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Plume or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and Plume.

12.8 Modifications to this Arbitration Provision. If Plume makes any future change to this arbitration provision, other than a change to Plume’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Plume’s address for Notice of Arbitration, in which case your account with Plume will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

12.9 Enforceability. If Section 6 is found to be unenforceable or if the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 12 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13.2 will govern any action arising out of or related to these Terms.

13. MISCELLANEOUS

13.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Plume regarding your use of the Store. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

13.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Plume submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara, California, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Store from our offices in Palo Alto, California, and we make no representation that Materials included in the Store are appropriate or available for use in other locations.

13.3 Privacy Policy. Please read the Plume Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

13.4 Additional Terms. Your use of the Store is subject to all additional terms, policies, rules, or guidelines applicable to the Store or certain features of the Store that we may post on or link to from the Store (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

13.5 Consent to Electronic Communications. By using the Store, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

13.6 Contact Information. The Store is offered by Plume Design, Inc., located at 290 S. California Ave #200, Palo Alto, CA 94306. You may contact us by sending correspondence to that address or by emailing us at [email protected]. You can access a copy of these Terms by clicking here.

13.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Store or to receive further information regarding use of the Store.

13.8 No Support. We are under no obligation to provide support for the Store. In instances where we may offer support, the support will be subject to published policies.