This Website and Store is operated by Plume Design, Inc. (“Plume”). Throughout the site, the terms “we”, “us” and “our” refer to Plume. Plume offers this Website and Store, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website or store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - PAYMENT
By providing a credit card or other payment method accepted by Plume Design, Inc., 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) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). 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. In the event you want to change or update payment information associated you can do so at any time by contacting us at firstname.lastname@example.org.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services 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 services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - RESALE
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 purchaser at the time of delivery by Plume Design, Inc. to the freight carrier, but Plume Design, Inc. and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
SECTION 8 - SHIPPING AND DELIVERY
Prices for the Products may include shipping costs if expressly noted on the store at the time of checkout. Additional delivery charges and methods are as described on the Store website from time to time. In the United States we offer Second Day service. 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.
The Products available on the Store have been designed, marketed and sold for use by residents of the United States, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (U.S.). The Products available on the Store are not intended for use outside of the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - ISP AND CARRIER FEES
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - RETURNS FOR REFUND
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 purchase (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. Although it will not affect your right to a refund, please include details on where 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 to obtain a refund.
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). We will refund the price you paid for the Product plus original delivery cost, less the value of any promotional merchandise or discounts you received. If you purchase a Bundle (multiple Products sold together at a discount) and you return only part of the Bundle, we will subtract the total Bundle discount from your refund. 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).
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.
SECTION 18 - WARRANTIES AND DISCLAIMERS
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product. With respect to Plume Products, you may choose whether to make a claim under these Terms and Services or 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.
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 Service.
SECTION 19 - RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
(a)Arbitration. Plume and you agree to arbitrate all disputes and claims that arise from or relating to these Terms of Service or your use of the Products and/or Services in any way, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
- claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms of Service and/or your use of the Products and/or Services, regardless of the legal theory;
- claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
- claims that arose before you accepted these Terms of Service (such as claims related to disclosures or the marketing of the Products and/or Services or the process for seeking approval to use the Products and/or Services);
- claims that may arise after the termination of your use of the Products and/or Services or any agreement between us; and
- claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Plume.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Plume may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
You agree that, by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class or representative action. These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
(b)Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Plume should be sent to: Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306.
Plume will send notice to you at the e-mail and/or mailing addresses associated with your account. Your notice to Plume must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
(c)Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1‑800‑778‑7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) where you are receiving Plume Services. If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Plume and Plume users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
(d)Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1‑800‑778‑7879). Plume will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Plume commences. If the value of your claim exceeds $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Plume to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Plume for amounts that Plume paid on your behalf.
(e)No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties 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. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f)30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section 17, you must notify Plume in writing within 30 days of the date that you first accept these Terms of Service (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 17(g) below, if you do not notify Plume in accordance with this section 17(f), you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service 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 of Service 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 of Service shall not affect the other arbitration agreements between you and Plume.
(g)Future changes to arbitration provision. If Plume makes any changes to the Dispute Resolutions and Arbitration section of these Terms of Service(other than a change to the address at which Plume will receive notices of dispute, opt-out notices, or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to Plume Legal, 290 S. California Ave #200, Palo Alto, CA 94306. It is not necessary to send us a rejection of a future change to the Dispute Resolution and Arbitration section of these Terms of Service if you had properly opted out of the arbitration and class-action waiver provisions in this section 17 within the first 30 days after you first accepted these Terms of Service. If you have not properly opted out of the arbitration and class-action waiver provisions in this section 17, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Plume Design, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Plume Design, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
SECTION 24 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 25 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Santa Clara county, California, USA.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Last Updated: August 21, 2017
Because we’re always innovating, and finding new ways to deliver the best WiFi experience to our users, this policy may change over time, but any future changes will not affect the data that was collected under a previous version of this policy. If any modifications materially change your rights, we will provide notice on the Plume website.
If you have questions about this policy or about your privacy, please contact us at firstname.lastname@example.org.
Here’s what we’ll cover:
- What data does Plume collect?
- How we use your data
- What data may be shared with third parties?
- Retention Policy
- How to deactivate your Plume account
- Response times
- Plume’s policy for children
- Can I opt out of receiving emails?
- How does Plume keep my data safe?
- Online tracking and your choices
- How does Plume handle data from users outside the United States?
- Privacy Shielf provisions
- Privacy Contact information
1. WHAT DATA DOES PLUME COLLECT?
When you create a Plume account
You must create a Plume account to set up your Plume network. When you create a Plume account, we ask for some personal information, including your name and email address. Your email address will be your Plume account user name, which you will use to log-into your account.
When you buy from our store
We do not view or store your credit card information. This is handled by our third-party payment processor. We store your name, email address and shipping address so we can process your order through our fulfillment partner. If you are logged into your Plume account when you purchase something on our Site, we associate that order with your Plume account.
Your credit card information saved by our third-party payment processor and shipping address may be used for purchases approved by you for goods and services from Plume.
When you visit our sites
Plume collects industry standard data from everyone who visits our Sites—even if you don’t have a Plume account. This information is used to provide users with Plume products and services, to allow us to understand how visitors navigate our Site, and to provide advertising that is relevant to your interests.
Purchase and Login Information: If you pre-order or purchase Plume products from our Site, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. We do not collect or store your full credit card information. Our credit card processing service provider, Stripe, will collect and store full payment card information from you when an order is placed until when it ships.
Mailing List Information: You may choose to submit your name and email address via a submission form located on our Site. Your email address may be used to send you news about Plume related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications.
Information about your visit. This includes log data such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Site. We use this type of information to provide you with an experience that’s relevant to your location based on the IP address, to prevent Site misuse, and to ensure the Site is working properly. We also collect data from cookies--small data files stored on your hard drive by a website. We may use session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal experience on our Site. This information is collected to make the Site more useful to you. The control of Cookie use can be modified in the settings for your browser.
When you contact us
Whenever you contact Plume for help, we collect your name and email address along with additional information you provide in your request so that we can verify your account and assist you and improve the Plume Service. If you contact us for support when already logged in to your account, the request form or e-mail may contain pre-populated account information, so you don’t have to type it manually. You may also contact Plume on public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.
Collected while using Plume WiFi service
To deliver the best WiFi experience, we automatically collect information as you use your Plume network such as:
- Information about your connected devices: Including the type of device you use, operating system version, the name given to the device and the unique address of the device.
- Network and connectivity status: This indicates your device and system networking addresses used to communicate with the Plume system and Internet along with the operating statistics of the WiFi and Internet connections.
- Your device and Plume data usage: These statistics include current and historical data transfer speeds and data consumption including your devices, Internet and Plume system interfaces. This allows you to understand your network bandwidth and which devices are consuming network resources.
- Plume Service Statistics: This data helps us optimize the Plume Service. Examples of the data we collect include your ISP name and IP address, ISP speeds and outages, WiFi operating environment, mobility of devices within Plume, and Plume App usage stats such as how often each feature is used or each screen is viewed. We also collect log information such as messages from the Plume pods regarding Plume connected devices, device inventory data, and software and hardware versions.
- Crash reports: We collect crash reports for both the Plume Software and the Plume App. These reports can include information such as the type of crash, the software version you are running and the OS version of the device running the Plume App.
2. HOW WE USE YOUR DATA
Plume uses your data to provide you with the best Plume WiFi Service. Here are some examples:
- We use your personal information to respond to comments and questions, and to provide customer service.
- Data and logs are used in research to understand and improve the Plume Service; to troubleshoot the Plume Service; to detect and protect against error, fraud or other criminal activity; and to enforce the Plume Terms of Service.
- Contact information is used to send you notifications, and to inform you about new features or products we think you would be interested in. Please see “Can I Opt Out Of Receiving Plume Emails?” for information on how you can opt-out of future communications.
- Anonymous data that does not identify you may be used to inform other Plume users and the Plume WiFi community about trends and for marketing and promotional use.
3. WHAT DATA MAY BE SHARED WITH THIRD PARTIES
Personally Identifiable Information
Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of Plume Products and services without asking you first. We will only share this data under the following circumstances:
- With companies that are contractually engaged in providing us with services, such as order fulfillment, email management and payment processing. These companies are obligated by contract to safeguard any PII they receive from us.
- If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service, to protect the security or integrity of the Plume Service, and/or to protect the rights, property, or safety of Plume, its employees, users, or others. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.
- We may share personal information with your consent. For example, you may let us share personal information with others for marketing uses. Those uses will be subject to their privacy policies.
- We may share information with those who need it to do work for us such as customer service suppliers who may need access to your information to deliver excellent service.
- Plume will provide an individual opt-out or opt-in choice before we share their personal data data directly received by Plume from EU or Swiss countries with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to email@example.com. Please note that any such request could require you to discontinue use of the services, since this may severely inhibit or completely invalidate the delivery of the services.
- Plume’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Plume remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Plume proves that it is not responsible for the event giving rise to the damage.
Data that does not identify you
We may share aggregated and/or anonymized data with partners and the public in a variety of ways, such as by providing research reports about WiFi usage. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.
Data that you direct us to share
Ways you might share your data
Social networking sites
Plume may provide ways to share your data on social networks such as Facebook or Twitter.
Contests and giveaways
Plume may also ask you to participate in surveys (processed by Plume or third parties) that help us understand your use of the Plume Service. Any PII you provide to Plume (or supplied by you or Plume to such third-party survey providers) in connection with these surveys will only be used in relation to that survey and as stated in this policy.
4. RETENTION POLICY
5. HOW TO DEACTIVATE YOUR PLUME ACCOUNT
You can deactivate your Plume account at any time by contacting Customer Support. Plume may continue to use your non-PII data after you deactivate your account.
6. RESPONSE TIMES
We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective but may take 30 days or longer. If you require a more immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us.
7. PLUME’S POLICY FOR CHILDREN
The Children’s Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is Plume's policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. Please do not supply any personally identifiable information for a person under the age of 18 through any of the sites. If you are under the age of 18 and believe you have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the contact information above so that we can remove such information from our files.
8. CAN I OPT OUT OF RECEIVING PLUME EMAILS?
You can opt-out of receiving regular summaries, contests, giveaways, surveys and promotional emails by unsubscribing via the “Unsubscribe” link in any Plume email. Opting-out of these emails will not end transmission of important service-related emails that are required to use the Plume Service.
9. HOW DOES PLUME KEEP MY DATA SAFE?
Plume uses a combination of technical and administrative security controls to maintain the security of your data.
We use commercially reasonable physical, administrative, and technological methods to transmit your data securely including HTTPS, TLS protocol, AES and RSA data encryption. The data is stored securely using Amazon’s S3 cloud service. However Plume cannot guarantee that unauthorized third parties will never be able to defeat our security measures and use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
If you have a privacy or security-related concern, please contact us at firstname.lastname@example.org
10. ONLINE TRACKING AND YOUR CHOICES
Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit www.allaboutcookies.org).
11. HOW DOES PLUME HANDLE DATA FROM MEMBERS OUTSIDE THE UNITED STATES?
The Plume Service is hosted and operated in the United States. Any personal information that you provide to Plume is being transferred to Plume for use solely in the United States and will be hosted on United States servers. You consent to the transfer of your information to the United States.
12. PRIVACY SHIELD PROVISIONS
Participating European countries’ citizens and Swiss citizens should direct any questions, concerns or complaints regarding Plume’s handling of personal information or compliance with the EU-U.S. Privacy Shield or Swiss-U.S Privacy Shield to Plume at:
Plume Design, Inc.
290 S. California Avenue
Palo Alto, CA 94306
Plume will attempt to answer your questions and satisfy your concerns in a timely and complete manner as soon as possible. If, after discussing the matter with Plume, your issue or complaint is not resolved, Plume has agreed to participate in the independent dispute resolution mechanisms listed below, free of charge to you.
PLEASE CONTACT PLUME FIRST
Plume has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacyshield/for-eu-consumers for more information and to file a complaint.
Also, note that if your complaint still is not resolved through these channels, under limited circumstances, an additional binding arbitration option may be available before a Privacy Shield Panel. Please note that Plume's Partners and corporate customers may transfer personal data to Plume on the basis of other legal mechanisms approved by the European Commission and other relevant authorities for cross-border data transfers.
13. PRIVACY CONTACT INFORMATION
If you have questions, please contact us at email@example.com.
Last updated: 7/11/2017
Federal Communication Commission Statement:
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
This product has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
Any modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate this equipment.
The device for operation in the band 5150–5250 MHz is only for indoor use to reduce the potential for harmful interference to co-channel mobile satellite systems;
Radiation Exposure Statement:
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance 20cm between the radiator and your body. Your Plume Pod information is on file with FCC and can be found on FCC website http://www.fcc.gov/oet/ea/ by searching the FCC ID on the device, which can be found on the bottom of the Plume Pod.
This device complies with ISED applicable licence-exempt RSSs. Operation is subject to the following two conditions:
- This device may not cause interference; and
- This device must accept any interference, including interference that may cause undesired operation of the device.
Cet appareil est conforme aux normes RSS pour les dispositifs exempts de licence d’ISED. Son fonctionnement est soumis aux deux conditions suivantes :
- cet appareil ne doit pas provoquer de brouillage préjudiciable, et
- il doit accepter tout brouillage reçu, y compris le brouillage pouvant entraîner un mauvais fonctionnement.
The device could automatically discontinue transmission in case of absence of information to transmit, or operational failure. Note that this is not intended to prohibit transmission of control or signaling information or the use of repetitive codes where required by the technology.
The device for operation in the band 5150–5350 MHz is only for indoor use to reduce the potential for harmful interference to co-channel mobile satellite systems;
In addition, high-power radars are allocated as primary users (i.e. priority users) of the bands 5250–5350 MHz and 5650–5850 MHz and that these radars could cause interference and/or damage to LE-LAN devices.
ISED RF Exposure Compliance
This equipment complies with ISED RF exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated to ensure a minimum of 20 cm spacing to any person at all times.
Déclaration d'exposition aux radiations:
Cet équipement est conforme aux limites d'exposition aux rayonnements ISED établies pour un environnement non contrôlé. Cet équipement doit être installé et utilisé pour assurer un minimum de 20 cm espacement à toute personne en tout temps.
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Plume Design, Inc. (“Plume”), 290 S. California Ave #200, Palo Alto, 94306, California USA, warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, Plume will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Plume’s sole discretion. If the Product or a component incorporated within is no longer available, Plume may, at Plume’s’ sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
TOTAL SATISFACTION RETURN POLICY
If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition within sixty (60) days of the original purchase and receive a full refund.
WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY
Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Plume of the intention to claim by visiting plumewifi.com/support during the Warranty Period and providing a description of the alleged failure, and (b) comply with Plume’s return shipping instructions. Plume will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below). Plume will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all shipping costs.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the User’s Guide, Placement Guidelines, or other instructions provided by Plume; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane.
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUME DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUME ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL PLUME BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND PLUME’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
LIMITATION OF LIABILITY
THE PLUME ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR PLUME PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE,“AS IS”, AND “AS AVAILABLE”. PLUME DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND PLUME DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.
YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
ALWAYS READ THE ONLINE USER MANUAL BEFORE SET UP OR USE.
IT IS YOUR RESPONSIBILITY TO FAMILIARIZE YOURSELF WITH THE ONLINE USER MANUAL AND WARNINGS, AND TO USE THE DEVICE PROPERLY.
To prevent fire or electric shock hazard, keep away from rain or moisture. Clean only with a clean, dry cloth.
Do not connect the plug into an extension cord, receptacle, or other outlet unless the plug can be fully inserted with no part of the blades exposed.
The socket-outlet shall be installed near the equipment and shall be easily accessible.
Do not cover the device or block the airflow to the device. Do not expose device to temperatures below freezing or above 95°F.
Device may contain small parts and be otherwise hazardous to children. Keep out of reach of children.
If the device malfunctions or fails to perform as expected, stop using it immediately.