Terms of Service

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Plum Property Management (”Company”, “we”, or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of this website, including any content, functionality, and services offered on or through this website (the “Website”). Please read the Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND, COMPLY WITH AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. YOU ACCEPT ANY CHANGES TO THE TERMS BY CONTINUING TO USE THE SERVICES AFTER WE POST THE CHANGES. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. These terms and conditions apply each time that you use our Site.

2. Privacy Policy

Our Privacy Policy may be found on our Site at the following location: https://rentplum.com/privacy-policy/

3. Website Ownership

The content on our website is copyrighted or licensed by us. We own all content on our Site, and no ownership rights transfer to you by use of our website. The unauthorized use, reproduction, linking or any other forms of distribution of any portion of our website is strictly prohibited. We grant you only a nonexclusive, limited and revocable right to access and use our Services. You agree not to use our Services for any other purposes, including commercial purposes, without our prior written consent. We make no representation or warranty that our website or the Services are available in countries other than the United States.

4. Intended Audience

Our website is intended for adults, and is not intended for use by anyone under the age of 18. By using our website, you are certifying that you are of legal age to use the products and services available on our Site. Also, we do not knowingly collect or solicit personal information from children under the age of 13. If you are under 13, please do not attempt to register for an Account or send any Personal Information about yourself to us. If we become aware that we have inadvertently received or collected Personal Information from a user of the Services who is under the age of 13, we will attempt to immediately delete that information from our files and records. Furthermore, we encourage users of the Services that are minors that are 13 years of age or older to ask their parents or guardians for permission before sending any information about themselves over the Internet.

5. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm Company or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
• impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
• Violate applicable law while using our website
• Fail to be truthful and accurate in information that You provide on our website
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

6. Use of Personal Information

We collect personal information in a number of different ways. These ways may include: collection by way of forms filled out (online and in physical format); surveys, emails, telephone conversations, social media applications and forums; online user-generated content and face-to-face meetings; credit reporting agencies and financial institutions, etc. We use your personal information to contact and communicate with you: for internal record keeping and administrative purposes; for business development, including to operate and improve our websites, associated applications and associated social media platforms; to offer additional benefits to you; to respond to inquiries from you about our products and/or services; for advertising and marketing, including to send you promotional information about our products and services and information about us or third parties that we consider may be of interest to you; to improve our products and/or services; with our legal obligations and to resolve any disputes that we may have; to consider your application(s) to us; and to investigate and respond to questions or complaints made under this Privacy Policy. From time to time, we may be required to collect sensitive information from you, for example, to review and consider an application, or for other administrative purposes.
Consent Disclaimer: You consent to receive notifications from us electronically to the e-mail address or mobile number you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
User Opt Out: if you no longer agree to this Agreement, you agree to reply STOP to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than STOP or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.

7. DISCLAIMER OF WARRANTIESLIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.

8. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

9. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AVAILABLE ON OUR WEBSITE. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR COMPANY. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR COMPANY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS FOR SERVICES ON OUR WEBSITE.

10. USER SUBMISSIONS

Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Services, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary. You hereby waive any moral rights you may have in your Submissions. You represent that you have obtained the consent of all individuals who are identifiable in your Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your Submissions and for us to enjoy all of the rights and privileges that you grant to us under these Terms.
You remain fully responsible for Submissions, and you agree not to provide Submissions that:
• infringe on the copyright, trademark, patent or other intellectual property rights of any third party;
• are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
• violate a third party’s right to privacy or publicity;
• degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• contain epithets or other language or material intended to intimidate or to incite violence; or
• violate any applicable local, state, national, or international laws.
You understand and agree that we are not responsible for any Submissions. We are not obligated to publish or use your Submissions. We may monitor, review, edit, remove, delete, or disable access to your Submissions at any time, without prior notice and in our sole discretion, for any or no reason.

11. U.S. Copyright Infringement Claims

If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
• identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
• identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agents are:
• Jennifer L. Stock-Plum, Owner
P.O. Box 17312, Missoula, MT 59808 – (406) 541-7586 – jenniferstockplum@gmail.com
• Abby C. Gill, Director of Operations
P.O. Box 17312, Missoula, MT 59808 – (406) 541-7586 – abby.rentplum@gmail.com

12. APPLICABLE LAW / DISPUTE RESOLUTION

Any unresolved claims, disputes and controversies relating to this Site shall be resolved in under forum and rules of the American Arbitration Association in the venue of Montana, including issues of an award of attorney’s fees to the prevailing party. Montana law shall apply to this Site and all terms provided for herein.

13. SEVERABILITY

If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.

14. Our Contact Information

If you have questions about our Company or practices, please contact us at:
Jennifer L. Stock-Plum, Owner
P.O. Box 17312, Missoula, MT 59808 – (406) 541-7586 – jenniferstockplum@gmail.com
Abby C. Gill, Director of Operations
P.O. Box 17312, Missoula, MT 59808 – (406) 541-7586 – abby.rentplum@gmail.com