Last Updated May 5, 2011
II. Always consult a healthcare professional before taking any dietary, nutritional, herbal or homeopathic supplements.
The products, information, services and other content provided on and through this Site, including information that may be provided on the Site (directly or via linking to third-party sites by a healthcare or nutrition professional), are provided for informational, educational and entertainment purposes only. Before purchasing any products from this Site, or if you have any questions regarding any nutrients or products, you should consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The information provided on this Site and third party sites, including information relating to medical and health conditions, products and treatments, is presented in summary form and is intended to provide a broader consumer understanding and knowledge of health care topics. The information is provided “AS IS” and without warranty, should not be considered complete, is not intended to be a substitute for advice from and consultation with your Healthcare Professional and does not cover all possible uses, precautions side effects and interactions, and should not be construed to indicate that any drug, supplement or medication is safe for your use. You should not use the information or services on this Site to provide medical advice, diagnose, treat, cure or prevent disease and Plum Market makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before (i) using any medication or nutritional, herbal or homeopathic product, (ii) starting any diet or exercise program, and/or (iii) adopting any treatment for a health problem. Additionally, you should also consult your Healthcare Professional regarding any interactions between any medication that you are currently taking and nutritional supplements.
III. Copyright, Licenses, Use Restrictions and Trademarks
You acknowledge that all materials on this Site including, but not limited to, the Site’s design, assembly, graphics, text, programs, processes, technology, content, sounds, trademarks, logos, names, slogans, trade dress, copyrights, other intellectual property, pictures, software and other files and the selection, organization, compilation, arrangement and look and feel thereof (collectively, “Materials”), are the property of Plum Market or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, performed, displayed, posted, modified, revised, altered, cropped, re-sized, transmitted, exploited or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Plum Market or the respective copyright owner. You are granted the limited non-exclusive, right and license to view and download the Materials only for personal, non-commercial use, provided that you keep all copyright and other proprietary notices contained in the original Materials intact. This permission terminates automatically if you violate the terms and conditions of this Agreement or if the Materials are used for public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, Plum Market®, Plum Picks®, Plum Essentials™, Plum Rewards™ and Plum Smart™ and any Marks associated with any products available on the Site) are the sole property of Plum Market and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written consent of Plum Market and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Plum Market and may not be copied, imitated or otherwise used, in whole or in part, without the prior written consent of Plum Market.
IV. Links & References; Third Party Websites
Any links on the Site to other third party websites or references to third party names, marks, products or services are provided only as a convenience to you. Plum Market does not control or endorse any third party websites and is not responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You agree that Plum Market Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with any third party websites. Your use of any links to third party websites and your navigation of such websites are done entirely at your own risk.
V. Disclaimer; Limitation of Liability
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING, BROWSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND DOWNLOADING MATERIALS AND INFORMATION FROM THIS SITE IS DONE AT YOUR SOLE RISK. THE SITE AND THAT THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, PLUM MARKET, ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, TEAM MEMBERS AND OTHER REPRESENTATIVES (COLLECTIVELY, “PLUM MARKET PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, PLUM MARKET PARTIES MAKE NO WARRANTY THAT (I) THE INFORMATION ON THIS SITE IS COMPLETE, ACCURATE, RELIABLE, TIMELY, CURRENT, ERROR-FREE OR USEFUL, (II) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED THROUGH THIS SITE ARE SUITABLE FOR YOUR PURPOSES, AND (III) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUM MARKET PARTIES OR ON OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PLUM MARKET PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLUM MARKET PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
UNDER NO CIRCUMSTANCES SHALL PLUM MARKET PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A SELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES PLUM MARKET OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL AND ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLUM MARKET AND YOU AND THE PARTIES ACKNOWLEDGE THAT THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND MAXIMUM LIABILITY OF PLUM MARKET PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM PLUM MARKET ON THIS SITE FOR THE SIXTH MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND PLUM MARKET PARTIES’ LIABILITIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Plum Market Parties from and against any and all claims, demands, causes of action, losses, expenses, damages and costs, including any attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person using your account, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another person, or termination of your access to the Site.
VII. Site Usage; Term; Termination of Usage
In order to access and utilize certain features of the Site, you are required to establish an account. You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the user name, password and account information, and are fully responsible for all activities that occur under your password or account, including without limitation any User Content posted through your account. You may not sublicense, transfer or assign your account information to any third party without Plum Market’s prior written consent. If you believe that your account has been comprised, that your account is no longer secure or if you believe that another person has unauthorized access to your account, you agree to immediately notify Plum Market regarding any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account, prior to your taking steps to prevent such occurrence by changing your password and notifying Plum Market of any unauthorized usage. Plum Market Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to (1) post on or transmit any graphics, text, photographs, images, video, audio or other material that is unlawful, libelous, infringing, disruptive, threatening, harassing, defamatory, vulgar, profane, obscene, indecent, abusive, offensive, hateful, racist or otherwise objectionable, (2) transmit any unsolicited or unauthorized advertising, promotional materials, political campaigning, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, (3) attach any material that contains a virus, (4) impersonate, imitate or pretend to be another person or entity, or make any false statements, or (5) post material that violates the trademarks, copyrights, trade secrets, marks or other intellectual property of another person or entity. Additionally, you acknowledge that you may encounter content that you deem offensive, indecent, or objectionable, that you are using the Site at your own risk, and that Plum Market shall have no liability to for any such content.
Plum Market makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate, complete, useful, reliable, timely, accurate or available for use in jurisdictions outside the United States. Visitors who use the Site and reside outside the United States do so at their own risk and on their own initiative, and are responsible for compliance with all applicable local laws.
This Agreement commences upon your accessing, browsing or using the Site and/or completing the registration process for an account. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Plum Market also may terminate or suspend this Agreement, at any time and for any reason, without notice, and accordingly deny you access to the Site. Plum Market reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice and for any reason. Except as otherwise expressly stated in this Agreement, you agree that Plum Market Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
VIII. User Content and Conduct
The Site is intended for adult use. By accepting the terms and conditions of this Agreement, through your use of the Site or otherwise, you certify that you are 18 years of age or older. If you are under the age of 18, do not submit any content to the Site. Plum Market does not knowingly collect personal information about children under the age of 13 without prior parental consent.
If you share any materials, messages, comments, feedback, reviews, postcards, suggestions, ideas, submissions, discussions, postings or other communications or interactions submitted or offered to Plum Market on or through the Site, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, “User Content”), you grant Plum Market a royalty-free, perpetual, irrevocable, unrestricted, transferable right and license to use the User Content however Plum Market desires, including without limitation, to copy, disclose, modify, enhance, transmit, sublicense, delete in its entirety, adapt, display, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world and for any purpose, including commercial uses. Additionally, whether you have publicly posted it on a forum or privately transmitted it to another Site user or to us, Plum Market cannot guarantee that other users will not misuse the User Content that you share. Plum Market is under no obligation to keep any User Content confidential, to pay you any compensation for the use of any User Content, or to respond to any User Content. If you have any User Content that you would like to keep confidential, do not post it to the Site.
Plum Market does not and cannot review all User Content on the Site. As a result, Plum Market is not liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. PLUM MARKET IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE. HOWEVER, PLUM MARKET DOES RESERVE THE RIGHT, BUT UNDERTAKES NO DUTY, TO MONITOR, BLOCK OR REMOVE ANY USER CONTENT, COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMTORY OR OBSCENE, (B) FRAUDULENT, DECEPTIVE OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER, OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO PLUM MARKET IN ITS SOLE DISCRETION.
You acknowledge and agree that Plum Market may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Plum Market, its users and the public. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Plum Market shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. PLUM MARKET SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
IX. Order Acceptance & Limitation/ Pricing and Content Information
Please note that no order is binding upon Plum Market until it is accepted by Plum Market and that there may be certain order that Plum Market is unable to accept and must cancel. Plum Market reserves the right, at its sole discretion and at any time and for any reason, to refuse or cancel any order. Without limiting the foregoing, some examples of situations when Plum Market may be cancel an order include limitations on quantities available for purchase, inaccuracies or errors in pricing information, or credit or fraud alerts.
Plum Market reserves the right, at its sole discretion and for any reason, to limit the quantity or items purchased per person, per household or per order, without notice to you (e.g., multiple orders from the same billing or shipping address, the same name or using the same credit card). Additionally, Plum Market reserves the right, at its sole discretion, to restrict sales to resellers or dealers.
Although Plum Market makes every effort to provide accurate pricing information on the Site, typographical errors may occur. In such instances, Plum Market reserves the right, in its sole discretion to refuse and/or cancel any orders placed for that product. Alternatively, Plum Market may, but is under no obligation to, contact the buyer for further instructions or to see if the buyer prefers to cancel the order.
Please note that any brick and mortar Plum Market stores do not honor internet pricing.
X. Wine Orders
By ordering any wine shipments, you certify that you are at least 21 years of age or older. It is your responsibility to ensure that you comply with any state and local laws relating to wine shipments into your state and you agree to indemnify, defend and hold harmless Plum Market against and claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your purchase of any wine from Plum Market. No shipment will be delivered unless an adult, at least 21 years of age or older, is present at the time of delivery and signs for the delivery.
XI. Applicable Law; Jurisdiction; Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to any choice of law provisions, and you agree (1) to submit to personal jurisdiction in the State of Michigan and (2) that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Detroit, Michigan.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.” This Agreement constitutes the entire, complete and only Agreement between Plum Market and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. The Plum Market Parties’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of or limit to that party’s right thereafter to insist upon strict adherence to that provision or any other term of this Agreement. You agree that regardless of any statute of limitations or law to the contrary, any claim or cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of Plum Market Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. Plum Market may assign its rights and duties under this Agreement to any party at any time without notice to you. Headings used in this Agreement are for reference purposes only and shall in no way define or limit the scope of the section.
XIII. Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST PLUM MARKET OR PLUM MARKET PARTIES WITH RESPECT TO THIS AGREEMENT OR THE SITE.
Plum Market may deliver notice to you under this Agreement via electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in Plum Market’s account information database. You may give notice to Plum Market at any time by letter delivered by certified mail, return receipt requested, or by overnight courier to the following address:
Plum Market Corporation, Inc.
30777 Northwestern Highway, Suite 301
Farmington Hills, MI 48334
Attn: Legal Department
XV. Continuation after Termination
Sections V through XIII shall survive any termination of this Agreement.