Terms+of+Use
 
TERMS OF USE
PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). THE TERMS CONSTITUTE AN AGREEMENT BETWEEN PLUM BENEFITS, LLC ("PLUM BENEFITS") AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") AGREE TO BE BOUND BY THE TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITES. CONTINUED USE OF OUR SITES CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO.
  1. Use of the Site
    You represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with the Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks connected to the Site.

  2. Login; Registration
    PLUM BENEFITS may make certain services available to individuals who register on the Site ("Registered Users") and general visitors to the Site ("Visitors") (Registered Users and Visitors are collectively referred to as "Users"). For example, Registered Users may be able to receive and search information regarding current offers and manage their accounts and offers.

    PLUM BENEFITS may also make certain forums available on the Site that allow Registered Users the opportunity to post information on bulletin boards (collectively, "Forums"). Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Registered Users, as well as Visitors, and may result in unsolicited online and offline messages from such Users. Registered Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums.

  3. Internet Access
    You acknowledge and agree that in connection with your use of the Site you must:

    1. provide for your own access to the World Wide Web and pay any service fees associated with such access, and
    2. provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. PLUM BENEEFITS shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

  4. Intellectual Property
    This Site and its contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Site and the Content are the sole property of PLUM BENEFITS or its affiliates. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also protected by such copyright laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. PLUM BENEFITS does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Content.

    If you believe that a Web page hosted by PLUM BENEFITS is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with PLUM BENEFITS designated agent in the manner described below.

    By Mail:
    Plum Benefits
    535 8th Avenue, 9th Floor
    New York, NY 10018

    By Email:
    contact@plumbenefits.com

  5. Limitations on Use
    You agree not to access or use the Site or Content to:

    1. Transmit or communicate any data that is unlawful, harmful, threatening, abusive, misleading, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
    2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to other users;
    4. Upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment;
    5. In any manner that in PLUM BENEFITS' judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site or the Contents;
    6. In a manner not expressly permitted under the Terms.

      Additionally, if, in PLUM BENEFITS' sole discretion, you choose a login name that is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your login name, delete your posts from our sites, discontinue or suspend you access to our sites, or any combination of these options.
  6. Unauthorized Access
    Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

  7. Termination
    PLUM BENEFITS may discontinue or suspend the Site at any time without notice, and PLUM BENEFITS may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Site shall not be liable to You or any third party for any termination or suspension of Your access to the Site.

  8. Disclaimer of Warranty
    THE SITE AND ITS CONTENT ARE PROVIDED "AS IS". PLUM BENEFITS, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE AND ITS CONTENT. PLUM BENEFITS AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PLUM BENEFITS IN THE TERMS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.

    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

  9. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLUM BENEFITS, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLUM BENEFITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  10. Indemnity
    You agree to defend, indemnify and hold harmless PLUM BENEFITS, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.
    We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

  11. Link to Other Sites
    From time to time, PLUM BENEFITS may provide links on the Site that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by PLUM BENEFITS. PLUM BENEFITS makes no representations concerning the information provided nor does PLUM BENEFITS endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. PLUM BENEFITS expressly disclaims all liabilities associated with these third party websites and product or services.

  12. Governing Law; Venue and Jurisdiction
    The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the County of New York, State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto.

  13. Privacy Policy
    The PLUM BENEFITS Privacy Policy governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available here.

  14. Relationship
    You acknowledge and agree that Your access and use of the Site does not create any agency, partnership or joint venture relationship between the You and PLUM BENEFITS.

  15. Severability; Waiver
    In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms.

    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  16. Complete Agreement
    Except as expressly provided in a separate license, service or other written agreement between You and PLUM BENEFITS, these Terms constitute the entire agreement between You and PLUM BENEFITS with respect to the use of the Site, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

  17. Notices
    All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when:

    1. delivered by hand (with written confirmation of receipt);
    2. sent by fax (with written confirmation of receipt) or electronic mail (with a reply confirming receipt), provided that a copy is mailed by registered mail, return receipt requested; or
    3. when received by the addressee, if sent by a nationally recognized overnight delivery service (receipt requested). Notices shall be delivered to You at Your address on record with PLUM BENEFITS. You may provide notices to PLUM BENEFITS via email to contact@plumbenefits.com or by writing to PLUM BENEFITS, LLC, 535 8th Avenue, 9th Floor, New York, NY 10018.