1. Welcome to Easy Plum

This Easy Plum website, located on easyplum.com and its subdomains and related proprietary domains (“Site”), including, but not limited to content, programming, and creative works, is owned, controlled, operated, and it is the property of Easy Plum. In this Terms and Conditions agreement, “You” and “Your” refers to anyone who opens, accesses, enters upon, and uses the Site and Services. These Terms and Conditions describe the legally binding agreement between You and Easy Plum for the use of Site and access to and use of products and services (“Services”) made available by Easy Plum (the “Terms and Conditions”). You agree to read it carefully and further agree You have done so prior to using the Site or requesting Services.

2. Acceptance of Terms and Conditions

By opening, accessing, entering upon, or using Site, you accept and agree to all terms and conditions imposed as they are set forth in this Terms and Conditions agreement. If You do not agree to any portion of this Terms and Conditions, then You must leave the Site and refrain from making any further access or use of Site and Services. Further, if you do not accept and agree to the Terms and Conditions, please don’t come back.

3. Modification and Amendment of Terms and Conditions

Easy Plum reserves the right to modify or amend these Terms and Conditions at any time without prior notice to You. Any changes made to these Terms and Conditions are effective immediately. You should periodically check these Terms and Conditions for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms and Conditions. Easy Plum has exclusive rights to control accessibility, hours of use, content, features on the site, and any other information found on the site. Easy Plum can restrict access to any or all portions of the site or remove any information or content from the site at any time. Easy Plum reserves the right to monitor use of the site.

You are solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

4. Credit Accounts and Lenders

Easy Plum is not a lender. All credit offers made through the Easy Plum site are made by third party lenders and finance companies. These third party lenders and finance companies are responsible for the content of their offers and the service of their accounts. Of course, Easy Plum has reviewed these lenders and finance companies and believes they are in compliance with state and federal laws and regulations. However, EASY PLUM DOES NOT WARRANT OR REPRESENT THE PERFORMANCE OF THIRD PARTY LENDERS AND FINANCE COMPANIES. Easy Plum urges its customers to read lender materials carefully and evaluate whether any credit offer is suited to them. This is important for many reasons, including, but not limited to, the fact that customers who open credit accounts with these third parties will have an agreement with the lender and/or finance company that is separate and distinct from any agreements they have with Easy Plum.

5. User Accounts

If You establish an account at this site in order to obtain Services (purchase products or receive information or service from us), then You are responsible for maintaining the confidentiality of Your account and Your password. By establishing an account, You agree to accept responsibility for all activities on the Site pursuant to Your account and password. Easy Plum reserves the right, in its sole and absolute discretion, to refuse service, cancel orders, or terminate Your account.

6. Copyright and Marks

All copyrights and other intellectual property of Easy Plum remain property of Easy Plum. All rights, title, interest, and ownership of Site and Services are reserved. Site and Services, including, but not limited to, all content and programming and licenses for third party content and programming, are the copyrighted property of Easy Plum and the third parties with which Easy Plum holds a license. By granting You access, entrance, and use of Site and Services, Easy Plum does not grant, convey, or transfer any right, title, ownership, or interest in the Site and Services. You are not authorized and agree that you will not copy, reproduce, modify, publish, upload, publish, distribute, or redistribute all or any portion of Site and Services unless You have obtained the prior written consent Easy Plum. The Easy Plum name, brand, and logo are proprietary and owned by Easy Plum. You must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third-party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third-party marks or content without permission of the respective owner.

If You choose to post or share content on the Site, then You grant, convey, and assign to Easy Plum an unconditional license to use and distribute Your post and content for any purposes which Easy Plum chooses in its sole and absolute discretion. You are deemed to have given Easy Plum a license to the material sufficient for any and all such. Easy Plum is permitted to copy the material for backup and archival purposes, display it on the Site, use it when providing Services, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it. This license is perpetual, worldwide, transferable as part of any transfer of the Site in whole or in part, and fully-paid up. Easy Plum also has the right to remove Your content from the site at any time for any purpose.

7. Prohibited Conduct

By accessing and using the Site, you acknowledge the following prohibitions, and you agree to refrain from doing, either personally or through an agent, any and all of the following:

  • Use any robot, web bot, spider, device, or other means to copy, record, and harvest information about other user or users.
  • Transmit, install, upload or otherwise transfer or install any virus or other item or process to the site that in any way affects the use, enjoyment of Site or Services.
  • Post anything on the site that is offensive to any other user. Easy Plum maintains the absolute and exclusive right to determine what is offensive.
  • Post or store on the Site any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, and rights of publication).
  • Modify, edit or amend the information found on Site or Services.
  • Transmit, install, upload or otherwise transfer to Site or Services any unauthorized advertisement or communication.
  • Use the Site and Services for any unlawful or defamatory purpose.
  • Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States and the State of Texas.
  • Attempt to access, or access, the personal information of another user which is stored on this site.
  • Permit any person to access this site with Your password.
  • Access or attempt to access Site or Services with another user’s password.
  • Use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and Services. Easy Plum reserves the right to bar any such activity.

8. Disclaimer and Limitation of Liability

YOU ACCESS, ENTER, and USE THIS SITE AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER EASY PLUM NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER APPLIES TO ANY DAMAGE OR INJURY OF ANY KIND RESULTING FROM NEGLIGENCE OR OMISSION OF EASY PLUM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. EASY PLUM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Easy Plum neither warrants nor represents that your use of any content will not infringe the rights of any third parties. While the owners and publishers of this Site intend to and make efforts to include accurate and up to date information in the Site, no warranties are made and no representations given as to the accuracy, correctness or reliability of the information contained in Site. Accordingly, the owners and publishers of Site assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of Site. Visitors are urged to obtain other advice and opinions, including the advice and opinions of licensed professionals where appropriate.

Most products purchased on or through use of the Site come with a manufacturer’s warranty. You agree to look solely to the manufacturer of any product, item, service, or other purchased item for warranty. EASY PLUM DOES NOT PROVIDE A WARRANTY OR GUARANTY FOR ANY PRODUCT (ITEMS) MANUFACTURED BY OR DISTRIBUTED BY A THIRD PARTY AND SOLD BY OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EASY PLUM DISCLAIMS, DENIES, AND REFUSES TO WARRANT PRODUCTS MANUFACTURED BY OR DISTRIBUTED BY THIRD PARTIES.

9. Third Party Content

EASY PLUM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, EASY PLUM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

10. Indemnification

You agree to defend, indemnify and otherwise hold harmless Easy Plum and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to Your use of the Site.

11. Security

You are prohibited from violating or attempting to violate the security of the Site. Easy Plum will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

12. Violation of These Terms and Conditions

Easy Plum may disclose any information we have about You (including Your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site or Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Easy Plum’s rights or property, or the rights or property of visitors to or users of the site, including Easy Plum customers. Easy Plum reserves the right at all times to disclose any information that Easy Plum deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that Easy Plum may preserve any transmittal or communication by You with Easy Plum through the Site and Services, and may also disclose such data if required to do so by law, or Easy Plum determines that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms and Conditions; or protect the rights, property or personal safety of Easy Plum, its employees, users of or visitors to the Site and Services.

You agree that Easy Plum may, in its sole discretion and without prior notice, terminate Your access to the site and/or block Your future access to the site if we determine that You have violated these Terms and Conditions or other agreements or guidelines which may be associated with Your use of the site. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Easy Plum, for which monetary damages would be inadequate, and You consent to Easy Plum obtaining any injunctive or equitable relief that Easy Plum deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Easy Plum may have at law or in equity.

You agree that Easy Plum may, in its sole and absolute discretion and without prior notice, terminate Your access to the Site and Services.

13. Miscellaneous

These Terms and Conditions contain the entire agreement between Easy Plum and You regarding the subject matter hereof. Any previous agreement, whether oral or written, between Easy Plum and You dealing with this subject matter is superseded and of no effect. These Terms and Conditions may be modified by You except with prior agreement of Easy Plum, set forth in writing, and signed by an authorized officer of Easy Plum. If any portion of this Terms and Conditions is found to be unenforceable for any reason, such portion will severed and will not affect the enforceability of the remaining terms. Upon Your breach of this Terms and Conditions, Easy Plum may pursue any legal or equitable remedy available, including, but not limited to, direct, consequential and punitive damages and injunctive relief. Easy Plum’s remedies are cumulative and not exclusive. Failure of Easy Plum to exercise any remedy or enforce any portion of this Terms and Conditions at any time shall not operate as a waiver of any remedy or right to enforce any portion of the Terms and Conditions at any time thereafter. You agree that, to the fullest extent permitted by law, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. All claims not subject to the one year bar are subject to the Statute of Limitations as provided by Texas laws and statutes. Easy Plum makes no representation that the content of the Site is appropriate or available for use in all locations. You are responsible for compliance with all applicable local laws. These Terms and Conditions and Your use of Site are governed by the laws of the State of Texas, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Dallas County, Texas, USA, will have sole and exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning Site, Services, Visitors to Site, and these Terms and Conditions, including, but not limited to, the Privacy Policy. By accessing and using the Site, you agree to submit to the jurisdiction of the Dallas County Court, and you agree that Dallas County, Texas will be the sole and exclusive venue for any claim, cause of action, complaint, and request for equity arising out of Site and Your use of Site.

14. Contact

You may contact Easy Plum at ______________________________.

All Rights Reserved - Copyright Easy Plum 2016-2017