Terms and Services
I. Acceptance Of Terms
All web pages available at PlumGeek.com and all linked pages and subdomains ("Site"), are owned and operated by Plum Geek LLC ("Plum Geek") an American limited liability corporation and is accessed by you under the Terms of Service described below ("Terms").
II. Description of Service
The Site is an online retailer of electronics assemblies, components, and accessories, as well as an online community which enables customers and visitors to share comments, opinions and ideas, participate in contests and promotions, and access support materials provided on the Site ("Services"). Services include, but are not limited to, any service and/or content Plum Geek makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, information, data, graphics, news articles, images, illustrations, software, and downloads.
Your access to the Site may be interrupted as a result of repair to or maintenance on the Site, or due to equipment malfunction, or any other reason that may be beyond the control of Plum Geek. Plum Geek reserves the right, at its sole discretion and without prior notice, to suspend availability of the Site and/or any Service and/or remove any Content at any time. Plum Geek may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice.
In order to access the full set of Services you are required to open an account with Plum Geek. If purchasing goods as a guest you are required to provide a valid email address in addition to valid billing and shipping information, but your access to all other services will be restricted (this will create a "guest" account that will contain no information other than your email address and order information). To access all Services you must open an account and select a password. Maintaining the security and confidentiality of your user account password is your responsibility. Additional registration information you provide is optional except where explicitly designated. Deliberately providing false registration information may constitute a breach of the Terms, which may result in immediate termination of your Plum Geek account.
You may optionally select a user name for your account, called an Alias. You may not use an Alias already in use by another user. If you use as an Alias a name that is offensive, vulgar, a registered trade mark or anything that is otherwise not legally available for your use this may result in you being denied use of that Alias or losing access to your user account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
IV. Products and Content
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Plum Geek makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
V. User Conduct
You agree that you, and not Plum Geek, are solely responsible for all Content you post or otherwise submit to the Site. Plum Geek does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be see or otherwise be exposed to Content that is offensive, objectionable, or otherwise disagreeable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Plum Geek. Examples include, but are not limited to:
- Abusing, harassing, threatening, or intimidating any person;
- Posting Content that is in any way obscene, libellous, defamatory, offensive, profane, pornographic, infringes on the copy rights of another person, or encourages the posting of such Content, or that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
- Using the Services for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- Posting any communication or solicitation designed or intended to obtain password, account, or private information from any Plum Geek user;
- Creating unwanted 'spam' to any person or any URL;
- Imposing an unreasonable or disproportionately large load on our infrastructure, as determined by the sole discretion of Plum Geek, including interfering with the proper working of the Site or any activities conducted on the Site, or by automating the collection of data on the site without using Plum Geek-provided machine-readable formats;
- Posting Content including comments, reviews, or votes, by using an automated tool for the mass-creation of content, or in exchange for receiving money, or any other organized effort that in any way artificially alters the Content of the Site;
- Egregious advertising or soliciting any user to buy or sell any products or services from an entity other than Plum Geek;
- Selling your account.
You are solely responsible for your interactions with other users of the Site. Plum Geek reserves the right (but is not obligated) to monitor disputes between users and take any necessary action to remediate violations to the Terms. This may be immediate and may include without limitation, the immediate removal of the related materials from the Site and/or the suspension or deletion of all associated user accounts.
We will fully cooperate with any law enforcement authorities who provide a court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. For more details please Contact Us.
VI. User Content Submitted or Made Available for Inclusion on the Site
Vll. Shipping and Returns
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site and with US law. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to your specified shipping address (DAP, buyer's shipping address, Incoterms® 2010) unless otherwise specified in writing. You are responsible for contacting us to initiate any claim for damaged and/or lost shipments. You are responsible for paying any import duties and taxes on your order. Plum Geek does not do business with entities in, or who intend to reexport any product to, a country embargoed by the government of the United States. Currently, the only countries we do not ship to are Cuba, Iran, North Korea, Sudan, and Syria. You are responsible for ensuring no product purchased from Plum Geek is transported through or to one of those countries. See our Shipping Policy for more detail.
Plum Geek accepts returns for any unmodified product for any reason within 30 calendar days from the date of receipt of merchandise. The end user is responsible for paying any or all shipping and/or processing expenses associated with said returns. After such time, returns will not be allowed. "Unmodified" means a product that is in the same condition in which it was received. See our Returns Policy for more detail.
Your use of the Site is at your risk. The information, materials and services provided on or through the Site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Plum Geek nor any of their affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. The information, materials and services provided on or through the Site may be out of date, and neither Plum Geek, nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through the Site are not covered by any warranty and are sold "as is". To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty-Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Plum Geek does not approve or recommend the use of our products or resources in critical life-support or medical devices, or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury or death is likely to occur. Don't hack your pacemaker! And if you do, you absolve Plum Geek and/or the manufacturer of the product in question of all damages, costs, and expenses that may be incurred, including without limitation, attorney fees and costs related to any lawsuit or threatened lawsuit arising out of the use of our products in unauthorized applications.
lX. Limitations of Liability
Plum Geek assumes no responsibility, nor will be liable, for any damages to, or any viruses or malware that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. In no event will Plum Geek or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, any web sites linked to the Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with the Site or any Content, you agree that your sole remedy is to cease using the Site. In the event of any problem with the products or services that you have purchased on or through the Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.
X. Revision to the Terms
These terms of service may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms of service because they are binding on you. Certain provisions of these terms of service may be superseded by legal notices or terms located on particular pages of the Site.
The Terms in this document have been largely reproduced from Terms of SparkFun Electronics because we love and respect them! ;-)