Plum Alley Investments Terms of Use

Welcome and thank you for using Plum Alley! We offer two platforms through the Plum Alley websites (collectively, the “Site”):

Plum Alley Investments, 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 before using the Services. Our Terms of Use help ensure that our Services work smoothly for you, for our other users.

What we do

Plum Alley Investments:
Plum Alley Investments is a private membership program that provides men and women with accessible, transparent, and meaningful opportunities to further their values and make money by investing in private companies led by women and gender diverse teams.
Plum Alley Crowdfunding (Non-Equity):

Acceptance of Terms of Use

By accessing and using the Site, registering for Plum Alley Crowdfunding and/or Plum Alley Investments, or otherwise manifesting your acceptance, 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. As our business grows we may revise these Terms of Use and the Privacy Policy periodically. If we do, we will post the changes on the 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 the Privacy Policy apply to all users of the Services, including, without limitation, Members, Investors, Entrepreneurs, Issuers, Creators, Funders, Issuers, Investors and other users who are contributors of content, information, and other materials or services, registered or otherwise (collectively, “Users”).

Age Restriction

You must be at least 13 years of age to use the Services. Notwithstanding the foregoing, Plum Alley Crowdfunding and Plum Alley Investments are only available to Funders and Investors who are at least 18 years old. If you are an individual and you are a Funder or an Investor, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

To assist you in navigating the Terms of Use for Plum Alley’s site, we have broken out the terms for Plum Alley Investments (following immediately below) and Plum Alley Crowdfunding (click here to move to the Crowdfunding section).

Terms of Use for Plum Alley Investments

Participant Roles & General Guidelines:
Plum Alley Investments 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 Investments. 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 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.
Things You Should Know About Participating in Plum Alley Investments:

Your Commitments to Plum Alley and the Other Participants:

Other Rights That We Have:

Things We Are Absolutely Not Obligated to Do:

Term of Agreement and Termination:

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 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:

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:

Contact:

You may contact us at the following address: Plum Alley, Civic Hall, 156 5th Avenue New York, NY 10010, USA.