Terms of Use

PLOMA.IO
Terms of Use
(last updated June 08, 2021)

 

Ploma LLC, a California limited liability company (“we,” “us,” “our”) provides an online platform to purchase, and deliver to its customers, the finest Korean and East-Asian products and staple foods through its website, www.ploma.io (the “Website”), referred to here as “Services”.  You (the “user” or “you”) shall access the Website and/or use the Services subject to these Terms of Use (the “Terms of Use” or the “Agreement”). The Website and the Services are the property of Ploma LLC and its licensors. By visiting our Website, and/ or using any Services, or submitting or viewing Content(s) through our Services, you are agreeing to be bound by the Terms of Use. If you do not agree, do not access the Website or use any of the Services.

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE AND/OR THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

 

This is a legal agreement between you and us for use of the Website and offered Services. This Agreement applies to you, whether personally or on behalf of an entity, whether you visit our Website or use any Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement. 

 

Your use of the Website and/or the Services indicates your explicit consent that the personal information you have provided through the Website and/or the Services is subject to our Privacy Policy, the terms of which are incorporated herein by reference. Please review our Privacy Policy to understand our practices.

 

If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

LIMITED LICENSE

 

Subject to the terms of this Agreement, we grant to you, a limited, non-exclusive, non-transferable and revocable license to access and use our Website and use our Services. The information accessed through our Website is not intended for viewing to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

We retain the right to refuse any and all current or future use of the Website and/or Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the Website and/or Services to you if you breach any of these Terms of Use, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible, inappropriate or may create liability for us. Please note that any transactions through the Website is subject to our  Purchase and Delivery Terms, and you agree to be bound by these terms while transacting (as a buyer or otherwise) by accessing or using our Website.

 

ACCOUNT

 

To use our Services, you are required to register online though our Website (https://ploma.io/account/register) and create an account. When you create an account, you will be required to provide us with your full name, email address and create a password of your choice (“Registration Information”). When you place an order and make payment for our Services you are required to provide us with your shipping address, billing address and payment credentials (such as credit card information, etc.) (“Payment Information”). The Registration Information and Payment Information shall both be governed by our Privacy Policy. You must ensure that you exit from your account at the end of each session. You agree not to disclose or share your user credentials with any third party or use your user credentials for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and user credentials. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or user credentials. We strongly recommend that you change your password on a periodic basis and whenever you suspect that knowledge of the user credentials has been compromised. We assume no liability for any access to information that is accessed with your account information. You are solely responsible for protecting the privacy of your account and user credentials, and you agree to accept all responsibility for activities that occur under your account or user credentials.

 

By creating an account and/or providing your personal information to us (directly or indirectly), you represent and warrant that:

 

  1. all information you submit will be true, accurate, current, and complete;
  2. you are at least the age of majority in the jurisdiction from where you are accessing the Website and using our Services, and if you are under the age of majority in the jurisdiction from where you are accessing the Website or using our Services, you have obtained consent of your parent or guardian to access our Website and agree to this Terms of Use.
  3. you agree to comply with these Terms of Use;
  4. you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
  5. you will not use the Website for any illegal or unauthorized purpose; and
  6. your use of the Website will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

We do not request your feedback concerning the Website. Nonetheless, if you provide us with any feedback (including through any contact information available on the Website or public forums) concerning the Website/Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Website.

 

PROHIBITED ACTIVITIES

 

You may not access our Website and/or use our Services for any purpose other than that for which we make the Website/Services available. As a user, you agree not to:

 

  1. circumvent, disable, or otherwise interfere with security-related features of the Website, including enforcing limitations on the use of the Website;
  2. engage in unauthorized framing of or linking to the Website (that violate this Terms of Use), screen scraping or backend API use;
  3. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user credentials;
  4. make improper use of our support services or submit false reports of abuse or misconduct;
  5. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  6. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website and/or the App;
  7. attempt to impersonate another user or person or use the username of another user;
  8. sell or otherwise transfer your profile;
  9. use any information obtained from the Website in order to harass, abuse, or harm another person;
  10. use the Website as part of any effort to compete with us;
  11. use the data stored or features used in our Services for competitive activities;
  12. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website that is not already made public by us;
  13. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
  14. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
  15. delete, or attempt to delete, the copyright or other proprietary rights notice from any of our content;
  16. upload or transmit or attempt to upload or transmit any content that is connected to race, national origin, gender, sexual preference, or physical handicap or any pornography;
  17. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
  18. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  19. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
  20. disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services, and use our Services in a manner inconsistent with any applicable laws or regulations.

 

LINKING TO OUR WEBSITE

 

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with applicable sections of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any features and any links at any time without notice in our discretion.

 

YOUR CONTENT

 

If you upload or provide any information, images, videos, graphics, pictures, audio files, blogs, documents, reviews, food blogs or recipes or any other content to us (the “Content”), you grant us and our successors and assign, unrestricted, unlimited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, copy, distribute, transmit, modify, prepare derivative works of such Content for any purpose, commercial or otherwise. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We have the right, in our sole and absolute discretion, (1) to re-categorize any Contents to place them in more appropriate locations on the Website; and (2) to pre-screen or delete any Contents at any time and for any reason, without notice.

 

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your Content including the right to authorize us to use the Content in the manner contemplated these Terms of Use. With respect to your Content, you thereby represent and warrant that:

 

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to view your Content in any manner contemplated by the Website and these Terms of Use;
  3. your Content is not false, inaccurate, or misleading;
  4. your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
  5. your Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
  6. your Content does not threaten or endanger the safety and security of another party
  7. your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
  8. your Content does not violate any applicable law, regulation, or rule;
  9. your Content does not violate the privacy or publicity rights of any third party;
  10. your Content does not contain any material that solicits personal information or exploits people in a sexual or violent manner;
  11. your Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  12. your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
  13. your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

We do not guarantee any confidentiality with respect to Content, regardless of whether or not it is published. You are solely responsible for your own Content and the consequences of posting or publishing it.

 

We neither endorse nor assume any liability for any Content. We generally do not pre-screen, monitor, or edit Content. However, we have the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of any Content, whether it is your own or another user’s.

 

YOUR RIGHTS AND RESPONSIBILITIES

 

You are responsible for providing accurate information to us about yourself, and to inform us if and when that information changes. We cannot be responsible for incomplete and/or inaccurate information.  You agree that under no circumstances may you impersonate another individual or represent that you are any individual or entity different from your actual identity.  We will restrict any users who knowingly impersonate others.

 

INTERACTION WITH THIRD PARTIES

 

The Website/ Services may contain links to third party websites or links to our business partner’s website/portal that are not owned or controlled by us. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third-party website and that you will act in accordance with those policies, in addition to your obligations under this Agreement. If you provide us with your payment information (such as credit card credentials) you are subject to the terms and privacy policy of our payment processor Shopify available at https://www.shopify.com/legal. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site. By using the Website/Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third-party website.

 

OWNERSHIP

 

All right, title, and interest in and to the Website and/or Services, and all material, videos, images, text and/or other Website content (other than the Content) available on or through the App or Website (including, without limitation, text, graphics, logos, button icons, images, blog posts, audio clips and software), are and will remain our exclusive property and that of our licensors. The Website and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Use gives you a right to use our name or any of our trademarks, logos, domain names, software, and other distinctive brand features.  You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) on the Website/ Services belongs to us (or our permitted assigns or successors) or our third party licensors. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.

 

ONLINE PURCHASE, PAYMENTS, DELIVERY, CANCELLATIONS AND REFUNDS

 

All purchases of goods and services made through our Website, or resulting from visits made by you, are governed by our Purchase and Delivery Terms, which are hereby incorporated into these Terms of Use. Supplemental terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

TERM AND TERMINATION

 

THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE WEBSITE OR THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE /SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE WEBSITE /SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU MAY HAVE PROVIDED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal remedies, including but not limited to termination of your account and your ability to access this Website/Services. You agree that any termination of your access to the Website /Services may be affected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Website/Services. Further, you agree that we are not liable to you or any third party for any termination of your access to the Website/Services.

 

DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/SERVICES WILL BE AT YOUR SOLE RISK AND WE DO NOT ENDOSE, PROMOTE, GUARANTEE OR WARRANT ANY PRODUCT OR SERVICES OFFERED FOR SALE BY OUR PARTNERS THROUGH OUR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR FUNCTIONALITY OF THE WEBSITE’S OR APPS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE OR APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WHILE WE MAY PROVIDE PRICING, SHIPPING, LISTING, AND OTHER GUIDANCE IN OUR SERVICES, SUCH GUIDANCE IS SOLELY INFORMATIONAL AND YOU MAY DECIDE TO FOLLOW IT OR NOT. INFORMATION, STATEMENTS AND REVIEWS FROM ONLINE SUBSCRIBERS REGADING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURAGE OR INCORRECT. WE ASSUMED NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL WE, OR OUR DIRECTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, APP OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID (IF ANY) BY YOU TO US FOR ANY SERVICES PROVIDED TO YOU DIRECTLY BY US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW.

 

INDEMNIFICATION


To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify us and our employees, officers, agents, or other partners, from and against any third party claim arising from or in any way related to your use of the Website /Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including physical or monetary harm or civil or criminal claims arising out of (1) your use of the Website; (2) breach of these Terms of Use and our other policies; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website for the purpose of buying a listed product. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Website /Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website /Services.

 

We cannot guarantee the Website /Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website /Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Services at any time or for any reason without notice to you.

 

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website/Services during any downtime or discontinuance of the Website /Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website to supply any corrections, updates, or releases in connection therewith.

 

SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: 

 

  1. monitor the Website/Services for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) access to the Website/Services or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

GOVERNING LAW

 

This Terms of Use will be governed by and construed in accordance with the laws of the State of California. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in northern California.

 

DISPUTE RESOLUTION AND ARBITRATION

 

You agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to this Terms of Use or as a user of the Website/Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms of Use) will be determined by mandatory binding individual arbitration. Arbitration shall be held in accordance with the rules of the American Arbitration Association. Prior the initiating arbitration proceeding by either party, the aggrieved party shall provide a written claim notice (“Dispute Notice”) to the non-aggrieved party containing details of the dispute and relief sought. If such the dispute is not resolved within (forty-five) 45 days of receipt of the Dispute Notice, the aggrieved party may initiate arbitration proceedings as mentioned above. Please not that acceptance of this Terms of Use constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. You may opt-out of arbitration within (thirty) 30 days from the date that you consent to these Terms of Use by sending us an email at the email address provided at the end of these Terms of Use. This provision will survive termination of the Terms of Use.

 

CLASS ACTION WAIVER

 

Each party waives its right to arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If you choose to pursue a dispute in court by opting out of arbitration provided herein, this class action waiver will not apply to you.

 

GENERAL PROVISIONS

 

When you provide information to us via the Website or send e-mails to us, you are communicating with us electronically. By providing information on our Website, you consent to receive communications (such as relating to marketing and delivery status) from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

If any provision of this Agreement is invalid, illegal or unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

 

If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.

 

 

This Terms of Use is void where prohibited by law, and the right to access and use the Website/Services is revoked in such jurisdictions.

 

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Terms of Use and other supplemental terms, at any time. It is your responsibility to check this Terms of Use periodically for changes. The latest version of this Terms of Use and other supplemental terms supersedes any previous versions.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website/Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Website/Services.

 

NOTICE TO CONSUMERS

 

For any questions about the Terms of Use or other concerns, complaints or feedback about our Website or Services, please reach us at support@ploma.io or 1349 64th st., emeryville, ca, 94608. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of The Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814.