Legal

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Term of Use

Welcome and thank you for engaging with Plum Alley!

Plum Alley is an investment platform where we offer private investment opportunities to Accredited Investors, as defined by SEC Regulation D Rule 501 (the “Investors”) in early stage companies (“Entrepreneurs”).

Plum Alley, the Site, and any other services we offer, are referred to herein as the “Services”. These Terms of Use (the “Terms of Use”) govern your access to and use of the Services, so please read them carefully.

What we do

Plum Alley offers individuals, families and institutions a private membership program that provides access to Plum Alley syndicates and ways to keep up with innovation and venture investing through our curated Inside View sessions on timely and relevant topics.Plum Alley private membership program offers various levels of services including the following:

Member - Members have access to private showcases, attend various educational programs, receive Plum Alley insight communications, and have access to a broader community of investors and innovators.
Investor - Members who are Accredited Investors who choose to invest, are offered opportunities to learn about investing in early stage companies, and make private investments not widely available to the public and diversify their portfolios.
Founders - may be selected to showcase their companies, in person or virtually, meet members interested in investing, and be considered as an investment opportunity to be offered to Plum Alley Accredited Investor members.

Acceptance of Terms of Use

By accessing and using the Services, as a member of Plum Alley or otherwise, you accept and acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use, and the terms and conditions of our Privacy Policy, located at https://plumalley.co/privacy, which are hereby incorporated by reference. Over time, and from time to time, we may revise these Terms of Use and the Privacy Policy. If we do, we will post the revised policies on our Site. Your continued use of the Services after any changes are posted constitutes your acceptance of the new Terms of Use.

These Terms of Use and Privacy Policy apply to all users of the Services, including, without limitation, Members, Investors, Founders and other users who are contributors of content, information, and other materials (collectively, “Users”).

Age Restriction

You must be at least 13 years of age to use the Services. Notwithstanding the foregoing, Plum Alley services are only available to Founders and Investors who are at least 18 years old. If you are an individual and you are an Investor, you represent and warrant that you are at least 18 years old, are an accredited investor and that all information you submit is accurate and truthful.

Participant Roles & General Guidelines

Plum Alley is an investment platform where Issuers can offer investment opportunities to Investors. Plum Alley will form and manage the investment vehicles for the investment opportunities offered by Issuers through Plum Alley. Each such investment vehicle (a “Plum Alley Syndicate Entity”) shall be governed by its own Operating Agreement. Plum Alley Investments shall invest in the Issuer on behalf of the Investor through such Plum Alley Syndicate Entities. Investors are required to fill out an Investor Questionnaire and execute the Operating Agreement, as well as a Subscription Agreement, to subscribe to purchase interests in a Plum Alley Syndicate Entity through Plum Alley Investments. If you are an Investor, the terms set forth in an Operating Agreement and Subscription Agreement that you are a party to are hereby incorporated by reference. To the extent there are any conflicts between the Terms of Use, on the one hand, and an Operating Agreement or a Subscription Agreement, on the other hand, the terms of such Operating Agreement or Subscription Agreement shall control.

Member: If you are a Member, Plum Alley gives you access to explore innovation and shape the future by investing in private companies led by women and gender diverse teams. We introduce you to a broader community of investors and innovators. We source and vet private investment opportunities and offer access to invest not widely available to the public.
Investor: If you are an Investor who wishes to make an investment In a Plum Alley Syndicate Entity on Plum Alley, you are bound by the following terms:
Investments discussed through the Services, if any, may not be suitable for all Investors. Users should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest.
Investment opportunities offered by Plum Alley are only available to Investors who are Accredited Investors. If you use Plum Alley Investments as an Investor, you acknowledge and agree that (i) you are familiar with and willing to accept the high risk associated with private investments, (ii) securities sold through private placements are not publicly traded and, therefore, are less liquid, (iii) that as a result of your investment, you may receive restricted stock that may be subject to holding period requirements, (iv) that Issuers seeking private placement investments tend to be in earlier stages of development and have not yet been fully tested in the public marketplace, (v) investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments and (vi) you must be able to afford to lose your entire investment.
Entrepreneurs: If you use Plum Alley services as an Entrepreneur, you acknowledge and agree that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy will be profitable or equal any historical performance levels.

Things You Should Know About Participating in Plum Alley Investments

Member Registration/Setting Up An Account
To join Plum Alley and access Plum Alley Services, you are required to register for an account (an “Account”) and provide current, accurate, identification and contact information. As a part of the investment process, Investors are asked to self certify whether they are an Accredited Investor. While anyone can create an Account, only Accredited Investors shall be permitted to participate in investment opportunities through Plum Alley.
All information provided through the registration process needs to be accurate so that we can provide the Services to you and provide our other users with accurate information when applicable. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password (“Unique Identifier”). We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, and shall notify Plum Alley immediately of any unauthorized use of your account, unauthorized disclosure or distribution of your Unique Identifiers to any third party, or any other breach of security.
We have a no solicitation policy. We ask that members do not solicit other members or founders for business.
Accredited Investor Questionnaire
If you express interest in investing, you will be required to execute an “Accredited Investor Questionnaire” for each Plum Alley Syndicate investment.
No Investment or Financial Advice
Users should note that no information made available through the Services should be construed as investment or financial advice. Plum Alley does not provide Users with investment or other advice, and no information or material available by Plum Alley (excluding information made available by Issuers through Plum Alley) to Users through the Services is to be relied upon for the purpose of making or communicating investment or other decisions. Plum Alley is neither a law firm nor an accounting firm, and no content or communication made available through the Services should be interpreted as legal, accounting, or tax advice. To the extent that past performance information is available through the Services, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The information provided in connection with an investment opportunity is intended to summarize pertinent information for investors as the review materials to make their own investment decision. We express no opinion as to whether the information provided addresses all of the considerations an investor may want to take into account in making an investment decision.
No material available through the Services shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Plum Alley or any of its affiliated entities. No material available through the publicly available components of the Services shall be used or considered as an offer to sell or a solicitation of any offer to buy securities. Offers can only be made where lawful under, and in compliance with applicable law.
Forward Looking Statements
The Services may contain certain “forward-looking statements,” which may be identified by the use of words such as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential,” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to the financial condition and results of operations. All are subject to various factors, including, but not limited to, general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory, and technological factors affecting a company’s operations that could cause actual results to differ materially from projected results.
Payment and Billing
Certain of our Services require the payment of a subscription fee, such as the purchase of a Plum Alley membership (the "Paid Services"). By subscribing to a Paid Service through the Site, you are agreeing to pay the amount charged to you by the applicable Service. The membership is an annual fee and will be auto renewed each year.
We use third-party payment processors (each, a "Payment Processor") to process your credit card payment linked to the transactions on your Account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Use. We are not responsible for errors by the Payment Processor. By choosing to use the Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right, but do not have an obligation, to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.
If the amount to be charged to your Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Disclosing Information to Third Parties
We will not share, rent, sell or otherwise disclose any personal information that we collect about you through our Website or Services, except in any of the following situations:
You request or authorize the release of your personal information.
We may disclose personal information to our third-party contractors and payment processors who perform services for us in connection with the Website or Services. We may also disclose personal information to service providers or suppliers if the disclosure will enable that party to perform necessary business, professional or technical support.
We may disclose personal information as part of a transfer of the assets or related interests.
We may disclose personal information to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, or to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.
We may also share aggregated or anonymous information that cannot identify you with third parties. For example, we may disclose the number of visitors to our Websites or the number of people who have downloaded a particular document.

Your Commitments to Plum Alley and the Other Participants

Content:
You are solely responsible for any and all information, data, text, photographs, videos, audio clips, written posts and comments, graphics, messages or other materials that you post, publish or display (collectively, “Post”) or email or otherwise transmit for use via the Services.
For the protection of all of our Users, you agree to not use the Services to email or otherwise transmit any content that:
infringes any intellectual property right or privacy or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, offensive, or is otherwise inappropriate as determined by us in our sole discretion;
cconstitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
or, in the sole judgment of Plum Alley, restricts or inhibits any other person from using or enjoying the Services, or which may expose Plum Alley or its users to any harm or liability of any type.

For the protection of our Services and business, and so that we can continue to provide the Services, you agree not to:

interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
harvest or scrape any content from the Services;
decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
modify, translate, or otherwise create derivative works of any part of the Services.

You must comply with all applicable local, state, national and international laws and regulations and you also agree to provide accurate, up-to-date information.

Use of Users Personal Information:
You agree not to use the personal information of other Users in any manner other than as expressly permitted herein.
Additional Requirements for Investors:
If you are an Investor who wishes to make an investment in a Plum Alley Syndicate, you are also bound by the following terms:
Investments discussed through the Services, if any, may not be suitable for all Investors. Users should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest.
Investment opportunities offered by Plum Alley are only available to Investors who are Accredited Investors. If you use Plum Alley Investments as an Investor, you acknowledge and agree that (i) you are familiar with and willing to accept the high risk associated with private investments, (ii) securities sold through private placements are not publicly traded and, therefore, are less liquid, (iii) that as a result of your investment, you may receive restricted stock that may be subject to holding period requirements, (iv) that Issuers seeking private placement investments tend to be in earlier stages of development and have not yet been fully tested in the public marketplace, (v) investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments and (vi) you must be able to afford to lose your entire investment.
You shall maintain the confidentiality of all information provided as such, and without obtaining the written consent of the other party, you shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure); or (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, rules of any stock exchange, or orders of the court or other government authorities. Disclosure of any confidential information by the staff members hired by you shall be deemed disclosure of such confidential information by you.
You agree not to, either on your own account or jointly with or as a manager, agent, officer, employee, consultant, partner, joint venturer, owner or shareholder or otherwise on behalf of any other person, firm or corporation, directly or indirectly solicit or attempt to solicit business from Entrepreneurs introduced by Plum Alley.
Agree not to share confidential information regarding Plum Alley or Investment Opportunities with investors outside the Plum Alley membership or seek investment in the target company outside the PA Syndicate.

Other Rights That We Have

Modifications to Services
The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup any information you want to keep as we have no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. We reserve the right to terminate Accounts.
User Content:
You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Services Content
The Services contain content, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Plum Alley (collectively referred to as the “Services Content”). The Services Content may be owned by the Company or by third parties. The Services Content is protected under both United States and foreign laws. Unauthorized use of the Services Content may violate copyright, trademark, patent, trade secret and other laws. You have no rights in or to the Services Content, and you will not use the Services Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from Plum Alley. You must retain all copyright and other proprietary notices contained in the original Services Content. You may not sell, transfer, assign, license, sublicense, modify, scrape, rent or create derivative works from the Services Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services Content in any way for any public or commercial purpose. The use or posting of the Services Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos of Plum Alley (“Plum Alley Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Plum Alley. Other company, product, and service names use in the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Plum Alley Trademarks, the “Trademarks”). Nothing in or through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Plum Alley Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Services Content may be retransmitted without our express, written consent for each and every instance.
You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Communications with and Submissions to Plum Alley:
Although we encourage you to communicate with us through the Services, and/or via email, we do not want you to, and you should not send us any content that contains confidential information. With respect to all communication you send to us through the Services, and emails you send to us, including but not limited to, responses, submissions, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
You retain all copyrights and other intellectual property rights in and to anything you submit through or post to the Services. You hereby do and shall grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all communications and submissions you provide to us (in an anonymized and aggregate basis) in any media now known or hereafter devised and for any purpose.

Things We Are Absolutely Not Obligated to Do

Verify Investor Accreditation
Plum Alley will require all Members who wish to make investments in Plum Alley Syndicates to execute an “Accredited Investor Questionnaire”. The questionnaire is designed to ensure that members think carefully about their status, but we are relying on their representations and do not verify the information contained therein.
Verify Accuracy of Third Party Content and Links
The Services may contain third party content and provide links to web pages and content of third parties (collectively, “Third Party Content”). Plum Alley does not control, endorse, investigate, diligence, or adopt any Third Party Content, and makes no representations or warranties in connection therewith. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

Term of Agreement and Termination

Termination
You agree that we may, at our discretion, terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Violation of Terms
If you violate any part of these Terms of Use, your permission to access and/or use the Services Content and Services automatically terminates.

Disputes with Plum Alley

ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF JURY TRIAL - IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

Indemnification:‍

You shall defend, indemnify, and hold harmless Plum Alley, its syndicates, subsidiaries and affiliates, and each of their respective officers, directors, employees, advisers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.

Disclaimers; Limitations; Limitation of Liability; Release

Limitation of Liability:
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONSULTANTS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL PLUM ALLEY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Release
By using the Services, you agree to release, discharge and hold harmless Plum Alley and its subsidiaries, directors, employees and affiliates (the "Plum Alley Entities") from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
Warranty Disclaimer:
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Copyright Policy - Intellectual Property Rights

We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please review our DMCA Copyright Policy.

Miscellaneous

Laws and Arbitration:
The Terms of Use constitute the entire agreement between you and Plum Alley and govern your use of the Services, superseding any prior agreements between you and Plum Alley with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Plum Alley agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Plum Alley to enforce any provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect. The arbitration agreement will survive the termination of your relationship with us.
Other
Accessing the Services is prohibited from territories where the Content or Services are illegal. If you access the Services from other locations, you do so at your own initiative and risk, and you are responsible for your compliance with local laws.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use or by the relationship between Plum Alley and its users, Creators or Sellers.

Contact:

You may contact us at info@plumalley.co or the following address: Plum Alley, Rise New York, 43 W. 23rd Street, New York, New York 10010, USA.

Last updated: 5/20/20

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Privacy Policy

This Privacy Policy was last updated on June 26, 2018.

Welcome to Plum Alley! Plum Alley, Inc. (“Plum Alley Inc,” “we,” “us,” or “our”) is committed to all of our members and other individuals (“you” or “your”) who visit the Website or otherwise consume or interact with our various Services. We are strongly committed to protecting your privacy rights. Thank you for trusting us with your personal information - we know that the privacy of your personal information is very important to you. Please read this Privacy Policy to learn more about what information we collect and what we do with that information.

Sections:

1. Our policy
2. Information We Collect
3. How We Collect Information
4. Our Use of Personal Data and Other Information
5. Our Disclosure of Your Personal Information
6. How We Protect Your Information
7. Your Controls and Choices
8. Exclusions
9. Children’s Policy
10. Changes to Privacy Policy
11. California Residents: California Privacy Rights
12. Contacting Plum Alley

1. Our Policy:

This Privacy Policy describes the policies and procedures of Plum Alley, Inc. (“Plum Alley,” “we”, “our” or “us”) on the collection, use and disclosure of your information on plumalley.co (the “Site”, which includes any mobile applications and mobile sites) and the services, features, content, membership services, or applications we offer (collectively with the Site, the “Services”).

This Site has been created to provide information about our company, its affiliated entities, and its Services to all users of the Site or Services, including but not limited to, entrepreneurs, members, corporate partners and Accredited Investors, as defined by SEC Regulation D Rule 501 (“Investors”), who in any way use the Site or any Service provided by Plum.

If you have questions or complaints regarding our privacy policy or practices, please contact us at info@plumalley.co.

This Privacy Policy sets forth Plum Alley’s policy with respect to information, including personally identifiable information about individual Users (“Personal Data”), and other information that is collected from our Users. If you have questions or complaints regarding our privacy policy or practices, please contact us at info@plumalley.co.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE ANY PLUM ALLEY SITE OR SERVICE. If we change our Privacy Policy, we will post those changes to this Privacy Policy, the Plum Alley homepage, or other locations. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material or significant changes to this policy, we will notify you here, by email, or by means of a notice on our homepage prior to the changes taking effect. Your continued use of our products and services after such notification will signify your acceptance of the changes to our Privacy Policy.

2. Information We Collect

Personal Data:

Plum Alley collects personal information that you voluntarily provide through interaction with, or use of, the Services, or to the extent applicable, via third-party websites and applications when requesting information regarding the Services, which information may respectively include, but is not limited to, your name, email address, billing information, participation on social or professional networks, etc. For example, we collect the personal information you provide when you join as a member, register for Plum Alley events or when you use certain Services like make investments, or if you request information on certain Services.

For monitoring member engagement, we collect information about your visits to, and activity on, the Website, the number of times you have viewed or opened an email, and other such usage information. When you receive some communications from Plum Alley, we may use certain service providers, customized links, or similar technologies to determine whether an email has been opened and which links were accessed. We also may make use of location-based data for our Services and might ask you to enter your general location, specifically to provide more relevant invitations or opportunities, rather than to personally identify you.

Regarding payment information, in the event that you purchase any of the Services, we will collect financial or credit card information and other information necessary to process the transaction. Such information is collected and used strictly for billing purposes only, is not shared or used for any other purposes, and is and will be processed in accordance with all applicable laws. Plum Alley uses third party processors to process payments. The third-party processor (and not Plum Alley) is responsible for collecting and processing credit card and other payment information and we do not collect or store your credit or debit card number except as described in this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Plum Alley and the authorized third parties referred to herein located in the United States.

Non-Personal, Anonymous, or Aggregated Data:

Non-personal information, alone, cannot be used to identify or contact you. When you interact with Plum Alley through the Site or Services, we receive and store certain non-personal information about you for purposes that include improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of updates, dynamically served content and product support, and communicating with you. Such information, which may be collected passively using various technologies or through other means, may include: (i) demographic information (e.g., gender, age, and zip code); and (ii) information about your computer, hardware, software, media, and mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (“IP”) address, network Media Access Control (“MAC”) address and connection. We also may receive information from third parties in connection with marketing and demographic studies and/or other data that we use to supplement Personal Data provided directly by you.

Under no circumstances should you provide personal information about others unless you are authorized and permitted to do so. By submitting personal information about others, you represent and warrant that you have received authorization and consent from the person about whom you are providing the personal information. We also collect information from certain third-parties (such as service providers or via publicly available sources), in order to offer Services we think may be of interest, to enable us to maintain data accuracy, or to continuously provide and improve the Services.

3. How We Collect Information

We collect information you provide to us when you request products, services or information from us, interact on our sites and applications, respond to surveys, or otherwise interact with us.

In order to access information and functionality for members on the Site, you may be required to create an account for your use of the Service (an “Account”). You may create an Account directly via the Site. We also collect other information that you provide as part of Account registration and your use of the Service.

Use of Cookies

In operating this Site, we also may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us to analyze Site usage more accurately. We may use cookies to collect your Personal Data. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features.

The use of cookies by our any of our service providers is not covered by this Privacy Policy, except to the extent that the cookies are delivered to you through our Site. We do not have access or control over cookies delivered to you by third-party websites. Our partners may use session ID cookies to make it easier for you to navigate our Site and use our Services.

Use of Other Electronic Tools:

For certain, limited portions of the Services, we utilize Google Analytics to improve your experience. To our knowledge, Google Analytics uses both session and permanent cookies to collect information on how such relevant Services perform, as well as certain usage statistics. Plum Alley solely uses Google Analytics to evaluate and assess your use of the Services, review aggregate and statistical reports, and generally improve the Services for you. We do not and will not use Google Analytics to collect any information regarding our personal information of our clients other than IP addresses nor shall we correlate any of our client’s IP address with their individual identity. It is possible that Google Analytics may collect more information that Plum Alley collects. You can learn more about Google Analytics’ privacy practices and the ability to opt-out of Google Analytics tracking by clicking here.

Third-Party Links:

The Services may contain links to websites or services operated by individuals or entities other than Plum Alley. Such links, where applicable, are provided for your reference and convenience only, and are the exclusive responsibility of the owners of each such website or service. Plum Alley is not responsible for the content or operation of such websites or services, nor the security or privacy of any information collected by such third-parties. You are solely responsible for determining the extent to which you may use any content at any other such websites or services and you should review the privacy statements or policies applicable to these third-party websites or services.

4. Use of Personal Information

Plum Alley’s goal is to provide our clients with the best Services possible and to maintain a relentless focus on client satisfaction. As such, we are committed to providing you with responsive, personalized offerings, and ensuring that individuals are informed about relevant and new information, and Services that may be of immediate interest or which will enable you to derive the greatest value from the Services. We thus use personal information for the following business-related purposes:

User Registration and Client Services/Support: We use personal information such as your name and email address to register and administer your account, provide technical and client support and training, verify your identity, and send important account, subscription, and Services information.

Provision of the Services and Personalization: Personal and aggregate information gathered from usage is utilized to analyze trends and better understand how individuals can most effectively use the Services, to ultimately deliver and suggest tailored content and to personalize your experience with our Services. Such information is utilized for internal research and development purposes, and strictly related to improving and testing the features and functions of our Services.

Marketing Communications: We use personal information to deliver marketing communications to you across various platforms, including but not limited to, email, telephone, and various other channels. As described further below, we will comply with all applicable laws which may require us to obtain your clear and unambiguous consent or maintain other lawful and legitimate reasons for using your personal information for such initiatives. If we send you a marketing email, it will include instructions on how to opt-out of receiving these emails in the future. For clients, it is important to note that even if you opt-out of receiving marketing emails, we may still send you important information related to your accounts, subscriptions and investments. If you choose to participate in a survey or poll, any personal information you provide may be used for marketing or market research purposes.

Legal Obligations: We may be required to use and retain personal information for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud. We may also use personal information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce our terms of service or other terms and conditions; and (d) to protect our rights, privacy, safety, or property, or those of other persons.

5. Our Disclosure of Information

We only share or disclose personal information to the extent necessary to provide the Services, conduct our business operations, or when we believe that applicable law permits or requires disclosure. When sharing personal information, we strive to abide by all applicable privacy and security requirements. Occasionally, we may share non-personal, anonymized, and statistical data with third-parties. In the event of a merger, acquisition, consolidation, change of control, corporate divestiture or dissolution where we sell all or a portion of our business or assets, we will disclose necessary personal information and such information will be governed by the privacy policies of acquiring entities.

Our business operations are supported by several Plum Alley teams and departments, and certain, limited personal information will be made available to them as necessary to conduct such operations (for example, for teams engaged with the provision of Services, client services, sales and marketing, technical support, product development, etc.). Any and all Plum Alley employees and agents are required to follow strict data privacy and security policies when handling personal information.

In certain circumstances, we are supported by third-parties which provide limited and necessary services on our behalf. These third-parties only receive personal information necessary to fulfill the services they provide to us, such as hosting promotional websites, marketing services, processing conference ticket transactions, performing statistical analysis of our Services, etc. Under no circumstances are such third-party providers permitted to use obtained personal information for any purpose other than to provide Plum Alley with the designated services. We further require all such third-parties to maintain the confidentiality of the information.

Lastly, we will share personal information when we believe it is legally required or necessary. For example, when and to the extent we believe, in good faith, that we are legally compelled to do so pursuant to an order of a court of competent jurisdiction or other governmental body.

6. How We Protect Your Information

Plum Alley uses commercially reasonable physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Plum Alley or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

In the event that personal information is compromised as a result of a breach of security, Plum Alley will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

7. Your Controls and Choices

If your Personal Data changes, or if you no longer desire our Services, you may correct, update, amend, delete or request deletion by emailing us at info@plumalley.co or by contacting us at the contact information listed at the bottom of this Privacy Policy. We will respond to your request within a commercially reasonable time.

When you sign up for our Services or newsletter(s), we will send periodic emails to you regarding the Services or to tell you about additional services we believe will be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, or you can contact us at info@plumalley.co

8. Exclusions

This Privacy Policy does not apply to any Personal Data collected by Plum Alley other than Personal Data collected through the Site or Services. This Privacy Policy also does not apply to information about businesses or other non-individual Users. Plum Alley reserves the right to use and disclose such non-Personal Data for any commercially reasonable purpose.

9. Children’s Policy

Plum Alley does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Site. If you have reason to believe that a child under the age of 13 has provided Personal Information to Plum Alley through this Site, please contact us, and we will work to delete that information from our databases.

10. Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

11. California Residents: California Privacy Rights

Under California law, California Residents who have an established business relationship with Plum Alley or one of its subsidiaries may choose to opt out of Plum Alley’s disclosure of Personal Data about them to third parties for direct marketing purposes. If you choose to opt out at any time after granting approval, email info@plumalley.co or write to Plum Alley, Inc., 43 West 23rd Street, New York, NY 10010.

12. Contacting Plum Alley

Please feel free to contact us if you have any questions about Plum Alley’s Privacy Policy or the information practices of this Site:
Plum Alley, Inc.
info@plumalley.co
Plum Alley, Inc.
43 West 23rd Street
New York, NY 10010