Terms of service

Terms of Service

Last updated: 14 October 2026

IMPORTANT. PLEASE GO THROUGH THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER AND A JURY TRIAL WAIVER (SECTIONS 22 THROUGH 26), ALL OF WHICH AFFECT YOUR LEGAL RIGHTS. EXCEPT WHERE EXPRESSLY STATED BELOW, DISPUTES WILL BE SETTLED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOU CAN OPT OUT OF ARBITRATION BY FOLLOWING THE STEPS IN SECTION 26.

THESE TERMS ALSO COVER THE Emma Plum® VIP MEMBERSHIP, A PAID SUBSCRIPTION THAT RENEWS ON AN AUTOMATIC BASIS. IF YOU JOIN, YOU WILL BE BILLED AGAIN AND AGAIN ON A RECURRING SCHEDULE UNTIL YOU CANCEL. SECTION 6 SETS OUT THE COMPLETE AUTOMATIC RENEWAL AND CANCELLATION TERMS.

WHEN YOU VISIT, INTERACT WITH OR USE OUR SERVICES, OR BUY ANYTHING FROM US, YOU ACCEPT THESE TERMS IN FULL AND AGREE TO BE BOUND BY ALL OF THEM.

Overview

Welcome to Emma Plum®. Throughout these Terms, "we", "us" and "our" mean Emma Plum®. We operate this store and website, along with all related subdomains, checkout funnels, landing pages, mobile experiences, information, content, features, tools, products and services (together, the "Services"). Our store runs on Shopify, and Shopify is what allows us to offer the Services to you.

These Terms of Service ("Terms"), along with any policies they refer to, explain your rights and your responsibilities whenever you use the Services. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, and the dispute resolution provisions described above.

By using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree with them, you must not access or use the Services.

1. Agreeing to these Terms, electronic acceptance and updates

1.1 Accepting these Terms

You accept these Terms in full when you access the Services, create an account, enrol in the VIP Membership, click a button showing that you agree, or buy any product. By doing any of these things, you confirm that you are at least eighteen (18) years old and have reached the age of majority in the state or province where you live, and that you have full legal capacity to enter into a binding agreement. You also consent to any of your minor dependents using the Services on devices that you own, purchase or manage.

1.2 Agreeing electronically (clickwrap)

For certain transactions, where we present it, you will need to take an affirmative step before finishing the transaction to acknowledge that you agree to these Terms, for example ticking an unchecked box or clicking a clearly labelled button. Taking that step counts as legally binding electronic consent.

1.3 When these Terms change

We may revise these Terms at any time, in our sole discretion. The most current version is always available for you to review on this page. If a change is material, we will give you reasonable notice by email, by a notification in your account, or by a banner on the website, and the change will take effect on the date stated in that notice. If you keep using the Services after a change takes effect, you are accepting the revised Terms.

2. Using the Services and your account

We give you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services, for your personal and non-commercial use only. We may change or discontinue any part of the Services, limit or end access, or refuse service to anyone, at any time and for any reason. We are not liable if the Services become unavailable.

To use the Services, you may need to give us information such as your email address and your billing, payment and shipping details. You represent and warrant that everything you provide is correct, current and complete, and that you have every right needed to provide it.

Keeping your account login details secure is solely your responsibility, and so is all activity that takes place on your account. If anyone gets into your account without your permission, tell us right away at support@emmaplum.com. Your account cannot be transferred, sold, assigned or licensed to anyone else. We may disable an account at our discretion if these Terms are violated.

3. About our products

We have made every effort to show our products accurately. Even so, colours and the way a product looks may differ from what you see on your screen, depending on your device and its settings.

We do not warrant that any product's appearance or quality will meet your expectations, or that it will look the same as it does in our online stores.

We may change any product description at any time, without notice, at our sole discretion. We may also discontinue any product at any time, and we may limit the quantities of any product that we offer to any person, geographic region or jurisdiction, deciding case by case.

If you rely on any information presented through the Services, you do so strictly at your own risk. We disclaim all liability arising from reliance on Website materials, on any interpretation of product descriptions, or on any third-party materials or testimonials that appear on the Services.

4. Placing an order

Placing an order means you are making an offer to buy. We may accept or decline your order for any reason, at our discretion, including suspected fraud, pricing errors or products being unavailable. Your order is only accepted once we confirm acceptance, and we must receive and process your payment before that can happen.

Please check your order carefully before you submit it, because once an order is accepted we may not be able to accommodate a request to cancel it. If we do not accept an order, or we change or cancel it, we will try to let you know using the email address, billing address or phone number you gave when ordering.

Returns and exchanges are available only as set out in our Refund Policy.

You represent and warrant that you are buying for your own personal or household use, and not for commercial resale or export.

5. Pricing, payment and billing

5.1 Prices

Prices, discounts and promotions can change without notice. You will be charged the price in effect when you place your order, as shown in your order confirmation email. All prices are in U.S. dollars. Unless we expressly say otherwise, the prices we post do not include taxes, shipping, handling, customs or import charges. Prices in our online stores may be different from prices in physical stores or in stores run by third parties.

From time to time we may run promotions that have their own terms, separate from these Terms. If a promotion's terms conflict with these Terms, the promotion's terms take priority.

5.2 Authorising payment

When you give us a payment method, you represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are properly authorised to use that payment method, (iii) your card issuer will honour the charges you incur, and (iv) you will pay those charges at the posted prices, including shipping and handling charges and all applicable taxes. You authorise us to charge your payment method for the products you buy, VIP Membership renewals, shipping charges, applicable taxes and any other fees we have disclosed. If a payment is declined, we may suspend or cancel your order.

5.3 Keeping your details up to date

You agree to keep your purchase, payment and account information current, complete and accurate, including your email address, card numbers and expiry dates, so that we can complete your transactions and get in touch with you when we need to.

5.4 Automatic card updates

Your card issuer may send us updated card details, such as a new card number or expiry date, and we may update your account with them. You authorise us to charge the updated payment method. If you would rather your payment details were not updated automatically, you can contact your card issuer, remove your saved payment method, or cancel your VIP Membership. Any bank or card fees are your responsibility. If a charge is reversed, we may invoice you directly and ask you to pay by another method.

5.5 Payment processors

Some payments may be processed by third-party providers. When you use them, their own terms and privacy policies apply, and we are not responsible for errors made by a payment processor.

6. The VIP Membership: subscription, automatic renewal and cancelling

PLEASE READ THIS SECTION CAREFULLY. THE Emma Plum® VIP MEMBERSHIP IS A PAID SUBSCRIPTION. IT RENEWS AUTOMATICALLY AND KEEPS CHARGING YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL.

6.1 Joining

The Services may offer a membership option (the "VIP Membership" or "Subscription Service") that gives you discounts and other member benefits in return for a recurring fee. If you enrol, you agree that your membership comes with recurring payment obligations, and that Emma Plum® is authorised to charge your payment method automatically at the stated billing interval until you cancel.

6.2 Free trial

New members can take a one-time 10-day free trial. When you start a free trial, you authorise us to charge the payment method you selected once the trial ends, unless you cancel before the trial expiration date. Each member, household and payment method is limited to one free trial.

6.3 What we tell you before you join, and how you consent

Before you confirm your billing details and finish enrolling, we will show you a clear and conspicuous notice, placed in visual proximity to the request for your consent, that discloses all of the following:

  • that your membership renews automatically and you will be charged on a recurring basis unless you cancel;
  • how long each renewal period lasts, which is every twenty-eight (28) days, along with any additional renewal terms;
  • how much you will be charged for each renewal period and how often, which is $49.95 every 28 days, unless you take timely steps to cancel;
  • that the first charge is made immediately when the 10-day free trial ends;
  • the ways you can cancel, including how to cancel online and how to contact us;
  • a direct link to the online cancellation process at https://emmaplum.com/pages/cancel-membership; and
  • our contact information, which is set out in Section 31.

Before your purchase is completed, you will need to take an affirmative action, such as ticking an unchecked acknowledgment box or clicking a clearly labelled button, to expressly confirm that you consent to the recurring charges. That action is your express informed consent to the automatic renewal terms. We never use pre-checked boxes or any other default setting to get this consent.

6.4 Automatic renewal

IF YOU DO NOT CANCEL AS THESE TERMS DESCRIBE, YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY AT THE RATE IN EFFECT AT THE TIME OF RENEWAL AND AT THE SAME BILLING INTERVAL YOU CHOSE AT CHECKOUT. When the 10-day free trial ends, your membership becomes a paid 28-day membership and a $49.95 membership fee is charged immediately. From then on, your membership continues and renews automatically every 28 days. You authorise these recurring charges until your membership is cancelled.

6.5 Confirmation after you join

After you enrol, we will email an order confirmation to the address you gave us. It will include (a) a summary of the automatic renewal terms, (b) the amount charged and how often you will be billed, (c) the ways you can cancel, and (d) a direct link to the online cancellation process. Please keep it for your records. If no confirmation arrives within 24 hours of enrolling, contact us at support@emmaplum.com.

6.6 How to cancel, with no unreasonable barriers

You can cancel your trial or membership at any time using any of the methods below. To avoid being charged for the next billing period, you must complete your cancellation at least twenty-four (24) hours before your next scheduled billing date. To avoid being charged for the first membership period, you must cancel before the 10-day free trial ends.

To cancel, you will never be required to speak with a live representative, go through a retention flow, or take any step beyond those listed above. A cancellation made through the online portal takes effect when it is confirmed on screen, and we will send a cancellation confirmation email to the address on file. Once the current billing period ends, no further recurring charges will be processed.

6.7 What happens after you cancel

If you cancel partway through an active 28-day membership period, you keep your member benefits until that period ends. Membership fees that have already been charged are not refunded, as explained in Section 8.

6.8 If a payment fails

If a recurring charge does not go through, you authorise us to try the charge again, to contact you for updated payment information, and to suspend member benefits and shipments until we receive payment. By staying enrolled, you reaffirm your authorisation for us to charge your payment method. Where the law permits, unpaid balances may be referred for collection.

6.9 Member benefits, eligibility and changes

VIP members are eligible for discounts of between 20% and 80% off selected products in our store. How much you save depends on the product, promotion, inventory availability and seasonal offers, and not every product qualifies. Discounts apply only to qualifying purchases made while your membership is active, and they cannot be combined with other coupons, promotional offers, clearance pricing or special discounts unless we expressly say so. Some brands, products, services, gift cards or limited-time offers may be excluded. Benefits are available only to active members in good standing who have a valid payment method on file. They cannot be transferred and may only be used by the enrolled member. We may change discount offerings, participating products and membership benefits at any time without telling you in advance. Any such change applies going forward only and does not affect purchases you have already completed.

6.10 Membership price changes

We may change membership pricing after giving reasonable notice, and we will give advance notice wherever the law requires it. A price change applies to future billing cycles and does not affect the membership period you have already paid for.

6.11 Your rights as a California subscriber

If you live in California, the additional disclosures below apply under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.:

  • Automatic renewal terms: your membership renews automatically every 28 days at the price in effect at that time, unless you cancel before the next renewal date.
  • Cancellation: you can cancel at any time at https://emmaplum.com/pages/cancel-membership, by emailing support@emmaplum.com, or by calling +1 (833) 402 8337. We will not make cancelling difficult for you.
  • Refund for unauthorised charges: if we fail to give you the required disclosures before you enrol, we will fully refund any charges you did not authorise. To ask for a refund under this provision, get in touch at support@emmaplum.com.
  • Contact: Emma Plum®, support@emmaplum.com, +1 (833) 402 8337. You can also reach the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

7. Shipping, delivery, ownership and risk of loss

Our products are shipped by third-party carriers. You need to give us an accurate shipping address and phone number, and we are not responsible for delays or failed deliveries caused by an incorrect address you provided. If you need to change your address, email support@emmaplum.com straight away. We cannot guarantee that an order can still be edited once it has been submitted.

We are not liable for delays in shipping or delivery. Every delivery time is an estimate only and is not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Unless the law requires otherwise, title to the products and the risk of loss pass to you as soon as we hand them over to the carrier. If you are an international customer, you are responsible for any customs duties and import taxes.

7.1 Proof of delivery

A delivery confirmation from the carrier is treated as conclusive proof that your order was delivered to the address you gave us, even if no one signed for it. You agree that this confirmation is enough evidence of delivery when resolving disputes, including chargebacks and claims that an order never arrived.

8. Returns and refunds

Our Refund Policy sets out the full terms. Unless it says otherwise, all sales are final. Where a refund applies, it goes back to the original payment method, and the time it takes to show up depends on your bank. Shipping and handling fees are not refundable.

Membership fees are not refundable, except where applicable law requires a refund. You will not get a refund for a partial billing period, for unused time, or because you did not use your membership benefits.

9. Intellectual property

The Services, and everything that makes them up, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software and design elements, as well as how all of these are selected and arranged, are owned by Emma Plum®, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and other intellectual property laws.

Under these Terms you may use the Services only for your personal, non-commercial use. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services. Nothing in these Terms gives you a licence or any other right under any patent, trademark, copyright or other intellectual property belonging to Emma Plum®, Shopify or any third party. Using our material without authorisation may violate federal and state intellectual property laws. We reserve every right that is not expressly granted.

The Emma Plum® name, logos, product and service names, designs and slogans are trademarks of Emma Plum® or of its affiliates or licensors. You must not use them unless we have given you prior written permission. Shopify's name, logo, product and service names, designs and slogans are Shopify's own trademarks. Every other mark on the Services belongs to its respective owner.

9.1 Reporting copyright infringement

If you think content on the Services infringes your copyright, send a notice to support@emmaplum.com that includes (i) identification of the copyrighted work, (ii) identification of the material you say is infringing and where it is located, (iii) your contact information, (iv) a statement of your good-faith belief, and (v) a statement, made under penalty of perjury, that your notice is accurate.

10. Optional tools and links to other websites

As part of the Services, you may be given access to customer tools offered by third parties. We do not monitor or control these tools. Access to them is provided "as is" and "as available", with no warranties, representations or conditions of any kind, and without any endorsement. We have no liability arising from your use of optional third-party tools, and you use them entirely at your own risk and discretion. Before using them, you should make sure you are familiar with, and approve of, the terms on which they are provided.

The Services may include materials from, and hyperlinks to, websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating their content, practices, accuracy or legality. If you leave the Services to visit them, you do so at your own risk. Any complaints, claims, concerns or questions about third-party products and services should go to that third party.

Any new features we add to the Services in the future also form part of the Services and are subject to these Terms.

11. How Shopify fits in

Our store is powered by Shopify, which is what allows us to provide the Services to you. Whenever you buy something in our store, the sale is made directly with Emma Plum®. By using the Services, you acknowledge that Shopify is not responsible for any part of a sale between you and Emma Plum®, including any injury, damage or loss caused by products and services you purchase. You expressly release Shopify and its affiliates from every claim, damage and liability arising from or related to your purchases and transactions with Emma Plum®.

12. Privacy, cookies and the emails we send you

All personal information we collect through the Services is handled under our Privacy Policy, which forms part of these Terms by reference. Some personal information may also be covered by Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because Shopify hosts the Services, Shopify collects and processes personal information about how you access and use the Services so that it can provide and improve them. Information you submit may be sent to and shared with Shopify and with third parties, who may be located in countries other than the one you live in. The Services use cookies, pixels and similar tracking technologies, run by us and by third parties, to improve your experience, analyse performance, personalise content and support advertising and marketing.

When you use the Services, create an account or make a purchase, you consent to receiving electronic communications from us. These include order confirmations, shipping notifications, membership renewal and cancellation notices, customer service messages and, if you have opted in, marketing emails. You can opt out of marketing emails with the unsubscribe link in those emails. Electronic communications meet any legal requirement for such communications to be in writing.

13. Your feedback, reviews and other content

If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you give us a perpetual, worldwide, sublicensable, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, commercial use included.

You represent and warrant that (i) you own the Feedback or hold all the rights needed for it, (ii) you have disclosed any compensation or incentive you received in connection with it, (iii) it is truthful and not misleading, and (iv) it complies with these Terms. We have no obligation to keep Feedback confidential, to pay you for it, or to respond to it.

We may monitor, edit or remove Feedback that we decide, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates anyone's intellectual property rights or these Terms. We are not obliged to do so.

Your Feedback must not violate the rights of any third party, including copyright, trademark, privacy, personality or other proprietary rights, and it must not contain unlawful, abusive or obscene material, or any virus or malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or anyone else about where Feedback came from. You alone are responsible for your Feedback and for how accurate it is, and we take on no liability for Feedback that you or any third party posts.

We may cooperate fully with law enforcement authorities, or with any court order that directs us to disclose user information. You hold us harmless from any claims arising from disclosures we make in good faith to comply with legal obligations.

14. Mistakes and missing information

Sometimes information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We may correct any such errors, inaccuracies or omissions, change or update information, or cancel orders if any information is inaccurate. We can do this at any time and without giving notice beforehand, including after you have submitted your order.

15. Things you may not do

You may access and use the Services only for lawful purposes. You may not use the Services, whether directly or indirectly:

  1. for any unlawful or malicious purpose;
  2. to break any international, federal, provincial, state or local law, rule, regulation or ordinance;
  3. to infringe our intellectual property rights or anyone else's;
  4. to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person;
  5. to send false or misleading information;
  6. to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms;
  7. to send, or arrange for someone else to send, any advertising or promotional material, including junk mail, chain letters or spam;
  8. to pretend to be any person or entity; or
  9. to do anything that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Emma Plum®, Shopify or users of the Services, or expose any of them to liability.

You also agree not to:

  1. upload or transmit viruses or any other malicious code;
  2. reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services;
  3. collect or track other people's personal information;
  4. spam, phish, pharm or pretext the Services;
  5. access the Services using any robot, spider, scraper, data gathering and extraction tool, automatic device or process, AI tool (including agentic AI), or other automated or manual means; or
  6. interfere with, bypass or get around our security or authorisation features, robot exclusion headers or any other measures that restrict access.

We may investigate and pursue violations to the fullest extent the law allows, and we may suspend, disable or terminate your account at any time, without notice, for any violation of these Terms.

16. Automated agents

16.1 What this section covers

This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any of the Services. An "Agent" is any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can execute on behalf of a person, or using a person's device, without direct supervision.

16.2 When an Agent may use the Services

An Agent may access, use or interact with the Services only if it identifies itself and follows Section 16.4 strictly at all times. If we have asked an Agent not to access the Services, it must stay away from them.

16.3 Our right to limit Agents

We may restrict, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.

16.4 What every Agent must do

Every Agent must:

  1. identify in every HTTP/HTTPS request that the request comes from an Agent, and disclose the Agent's name in the user agent string in the form "Agent/[agent name]";
  2. never conceal or obscure the fact that an interaction comes from an Agent, including by imitating human behaviour and interaction patterns, or by completing or getting around CAPTCHAs or other measures designed to tell computer use apart from human use;
  3. answer truthfully any question or prompt that tries to find out whether an interaction is coming from a human or a computer; and
  4. not circumvent or avoid any measure designed to block, limit, modify or control Agent access.

17. Ending this agreement

These Terms stay in effect until they are terminated. We may terminate this agreement, or your access to all or any part of the Services, at any time without notice, in our sole discretion. You will still be liable for all amounts owed up to and including the termination date.

The following provisions keep applying after any termination:

  • intellectual property (Section 9);
  • feedback (Section 13);
  • termination (this Section 17);
  • disclaimer of warranties (Section 18);
  • limitation of liability (Section 19);
  • indemnification (Section 20);
  • the time limit for filing claims (Section 21);
  • dispute resolution and binding arbitration (Section 22);
  • the class action waiver (Section 23), mass action waiver (Section 24) and jury trial waiver (Section 25);
  • severability (Sections 27 and 30.1), waiver and entire agreement (Sections 30.2 and 30.3) and assignment (Section 30.4);
  • governing law (Section 28);
  • the Privacy Policy (Section 12);
  • your payment obligations; and
  • any other provision that, by its nature, should survive.

18. No warranties

Information presented through the Services is made available for general information purposes only. We do not warrant that it is accurate, complete or useful, and if you rely on it, you do so strictly at your own risk.

EXCEPT WHERE Emma Plum® EXPRESSLY STATES OTHERWISE, THE SERVICES AND EVERY PRODUCT OFFERED THROUGH THEM ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, RELIABILITY, AVAILABILITY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY DEFECTS WILL BE FIXED, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS. BECAUSE SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, THE ABOVE MAY NOT APPLY TO YOU.

19. Limits on our liability

TO THE FULLEST EXTENT THE LAW PERMITS, Emma Plum®, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES, WILL IN NO CASE BE LIABLE FOR ANY INJURY, LOSS OR CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR REPLACEMENT COSTS. THIS IS THE CASE WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER IT ARISES FROM OR RELATES TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY PRODUCT PURCHASE, ANY MEMBERSHIP OR AUTOMATIC RENEWAL, OR ANY ADVERTISING OR MARKETING PRACTICES, EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

19.1 The most we will pay for direct damages

TO THE MAXIMUM EXTENT THE LAW PERMITS, OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT BE MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO Emma Plum® IN THE TWELVE (12) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.

19.2 How risk is shared

You acknowledge that the prices of our products and memberships reflect the allocation of risk set out in this Section 19, and that we would not enter into these Terms without these limitations.

20. Your duty to indemnify us

You agree to indemnify, defend and hold harmless Emma Plum®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers and successors against any losses, damages, liabilities or claims, including reasonable attorneys' fees, that are payable to any third party because of or arising out of (1) your breach of these Terms or of the documents they incorporate by reference, (2) your violation of any law or of a third party's rights, or (3) your access to and use of the Services.

We will tell you about any claim that is subject to indemnification. If we do not tell you promptly, you are still bound by your obligations unless the delay materially prejudices you. We may control the defence and settlement of the claim at your expense, including choosing counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which you will not unreasonably withhold. You will cooperate in defending indemnified claims, including by providing relevant documents.

21. Deadline for bringing a claim

TO THE FULLEST EXTENT THE LAW PERMITS, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT OR ANY MEMBERSHIP MUST BE STARTED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. A CLAIM THAT IS NOT STARTED WITHIN THAT TIME IS PERMANENTLY BARRED. THIS RULE COVERS EVERY CLAIM, WHETHER IT IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, EXCEPT TO THE EXTENT APPLICABLE LAW PROHIBITS IT.

22. Resolving disputes through binding arbitration

THIS SECTION NEEDS YOUR CAREFUL ATTENTION. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT.

UNLESS EXPRESSLY PROVIDED OTHERWISE BELOW, YOU AND Emma Plum® AGREE THAT ALL DISPUTES WILL BE RESOLVED ONLY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

22.1 What we are agreeing to arbitrate

You and Emma Plum® agree that any dispute, claim, controversy or cause of action arising out of or relating to these Terms, the Services, any product, any membership or automatic renewal, any advertising or marketing practice, or any alleged misrepresentation (a "Dispute") will be resolved only through binding, confidential arbitration on an individual basis. The word "Dispute" should be read broadly.

22.2 Federal Arbitration Act

These Terms evidence a transaction in interstate commerce. The interpretation and enforcement of this arbitration agreement, and any proceedings under it, are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). All threshold questions of arbitrability, including scope, validity and enforceability, are for the arbitrator to decide.

22.3 Notice you must give before arbitration

Before starting arbitration, the party that wants to start it must send a written Notice of Dispute that includes their full name, mailing address, the email address associated with the account, a description of the claim and the specific relief being sought. A notice to us must be emailed to support@emmaplum.com with "Notice of Dispute" in the subject line, and it takes effect on the date it is sent. We will send any notice to you at the email address associated with your account. For thirty (30) days after notice is given, both parties will make good-faith efforts to resolve the Dispute, and neither party may file for arbitration until that period has ended.

22.4 Self-help remedies we keep

Nothing in this Section 22 stops us from using lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as the law permits.

22.5 How arbitration works

The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules, before a single neutral arbitrator. If the AAA declines to administer it, the parties will jointly choose a nationally recognised arbitration provider, and if they cannot agree on one, a court will appoint one. The arbitrator may award every remedy that would be available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief, and attorneys' fees where a statute or contract authorises them. The arbitrator may not award relief on a class, representative or consolidated basis.

22.6 Who pays the costs

The AAA Consumer Arbitration Rules govern payment of filing, administration and arbitrator fees. Where those rules require it, we will pay any arbitration fees above the amount you would pay to file a comparable action in court. Unless the law provides otherwise, each party pays its own attorneys' fees.

22.7 Small claims court

Either you or we may bring an individual action in small claims court.

22.8 Court relief to protect our rights

We may ask a state or federal court for temporary, preliminary or permanent injunctive or equitable relief for claims involving intellectual property, confidential information, unauthorised resale, fraud, misuse of the Services, or a violation of these Terms in a way that threatens irreparable harm. For these limited purposes, you consent to the exclusive jurisdiction and venue of those courts.

22.9 Public injunctive relief

If applicable law does not allow a claim for public injunctive relief to be waived, that claim may be brought in a court of competent jurisdiction. Every other claim seeking monetary, individualised or non-public injunctive relief stays subject to binding arbitration.

23. No class actions

YOU AND Emma Plum® AGREE THAT EVERY DISPUTE MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU GIVE UP ANY RIGHT TO TAKE PART IN A CLASS ACTION, TO BE A CLASS REPRESENTATIVE OR CLASS MEMBER, TO ACT AS A PRIVATE ATTORNEY GENERAL, OR TO JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANYONE ELSE'S. THE ARBITRATOR HAS NO POWER TO CONDUCT ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING.

THIS WAIVER COVERS ALL DISPUTES, INCLUDING DISPUTES ABOUT THE VIP MEMBERSHIP, ITS FREE TRIAL, ITS AUTOMATIC RENEWAL, ANY RECURRING CHARGE, OR ANY DISCLOSURE OR MARKETING PRACTICE CONNECTED TO IT.

IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM WILL BE SEVERED AND WILL GO FORWARD IN A COURT OF COMPETENT JURISDICTION, WHILE ALL OTHER CLAIMS CONTINUE IN ARBITRATION ON AN INDIVIDUAL BASIS.

24. No mass actions

No Dispute may be brought as a "Mass Action". A "Mass Action" is twenty-five (25) or more similar arbitration demands that are filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. These claims may not be consolidated or administered together without our consent.

24.1 Batching

If the conditions for a Mass Action are met, the claims will be grouped into batches of no more than two hundred (200) claimants. Only one batch will proceed at a time, and each batch will have its own separately appointed arbitrator. Statutes of limitation are tolled while the batching period lasts.

24.2 Special master

A neutral special master may be appointed to decide procedural disputes about how a Mass Action is administered.

25. No jury trials

IF A DISPUTE GOES TO COURT INSTEAD OF ARBITRATION, YOU AND Emma Plum® EACH GIVE UP THE RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT THE LAW ALLOWS.

26. Your right to opt out of arbitration

You can opt out of the arbitration agreement in Section 22, the class action waiver in Section 23 and the mass action waiver in Section 24. To do this, email written notice to support@emmaplum.com with "Arbitration Opt-Out" in the subject line within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you intend to opt out. Opting out does not change your other rights or obligations under these Terms, and we will not retaliate against you for doing so.

27. Severability for individual claims

If any part of Sections 22 through 25 is found to be unenforceable for a specific claim, that claim will go forward in a court of competent jurisdiction, and all other claims will remain subject to arbitration on an individual basis.

28. Which law applies

Except where Section 22 provides otherwise, these Terms, and any separate agreements under which we provide Services to you, are governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles. Subject to Section 22, you and Emma Plum® consent to venue and personal jurisdiction in the state and federal courts located in California.

29. Events outside our control

We are not liable for any delay in performing, or failure to perform, any obligation under these Terms if it results from causes beyond our reasonable control. These include acts of God, natural disasters, pandemics or public health emergencies, labour disputes, supply chain disruptions, government actions, war or terrorism, internet service failures, payment processor outages and carrier delays. Our performance is excused for as long as such an event lasts.

30. General legal terms

30.1 Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent applicable law allows, and the unenforceable part will be treated as severed. This does not affect whether the remaining provisions are valid and enforceable.

30.2 No waiver

If we do not exercise or enforce any right or provision of these Terms, that does not mean we waive our right to enforce it later. A waiver only takes effect if it is in writing and signed by our duly authorised representative.

30.3 Entire agreement

These Terms, together with our Privacy Policy, our Refund Policy and any operating rules we post, make up the entire and integrated agreement between you and us about your use of the Services and your purchase of products. They replace any earlier or contemporaneous agreements, communications and proposals, whether oral or written, including any previous versions of these Terms. Any ambiguity will not be interpreted against the party that drafted these Terms.

30.4 Assignment

You may not delegate, transfer or assign these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notifying you, including as part of a merger, acquisition, corporate reorganisation or sale of assets, or by operation of law.

30.5 Headings

Headings are included for convenience only. They do not limit or otherwise affect these Terms.

31. How to contact us

If you have questions about these Terms, please send them to support@emmaplum.com.

Emma Plum®