Terms of Use

These Terms of Use (the “Terms of Use”) are between you and Petite Plume, LLC (“Petite Plume,” “we,” “us”) concerning your use of our website currently located at petite-plume.com. Our website, together with any materials and services that we make available through it, are referred to collectively as the “Site.”

Your use of any of the Site constitutes your consent and agreement to these Terms of Use and to any additional terms, conditions, rules, and guidelines that we post on the Site or otherwise make available to you, which are hereby incorporated herein by this reference. We may change these Terms of Use at any time; any changes will become effective when the updated Terms of Use are posted on the Site or you are otherwise notified of such changes. You can determine when we last changed these Terms of Use by referring to the “Last updated” legend at the end of these Terms of Use. Your use of the Site following such changes means that you accept such changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the updated Terms of Use incorporating such changes or otherwise notified you thereof. We may, at any time and without liability, modify or discontinue all or part of the Site; refuse to provide given users with access to the Site; charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all users of the Site.

IF YOU ARE USING THE SITE ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF USE, AND ACKNOWLEDGE THAT ALL REFERENCES TO “YOU” IN THESE TERMS OF USE WILL INCLUDE THAT ORGANIZATION.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER DESCRIBED IN SECTION 14 BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Jurisdictional Issues; Compliance with Laws. The Site is controlled and operated from the United States, and is not intended to subject Petite Plume to the laws or jurisdiction of any state, country, or territory other than the United States. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You must comply with all applicable laws, rules, and regulations in using the Site. You acknowledge that you are not a national of, or resident within, any country that is subject to a trade embargo or other restriction that would limit or prohibit your use of the Site or listed on any of the United States’ lists of prohibited or restricted persons.
Rules of Conduct. You must not post, transmit, or otherwise make available any materials through or in connection with the Site, or use the Site in any manner, in each case that may be illegal or objectionable to Petite Plume. You must not:

Harvest or collect information about users of the Site;
Interfere with or disrupt the operation of the Site or the servers or networks used to make them available (including by hacking or defacing any portions of the Site, or violating any requirements, procedures, policies, or regulations of such servers or networks);
Use the Site for any fraudulent or otherwise tortious or unlawful purpose;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;
Post, transmit or otherwise make available through or in connection with the Site any information or materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or that otherwise fail or may fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (e) falsified, including by intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and IP addresses, or engage in any activities or actions that may or are intended to withhold or cloak your identity or contact information; or (f) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
Attempt to use the Site in a manner intended to avoid incurring charges for or otherwise being required to pay for such usage;
Restrict or inhibit any other person from using the Site or act in a manner that otherwise degrades or interferes with other users’ use of the Site;
Reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, sell, resell, lease, loan, or otherwise exploit any portion of, use of, or access to the Site, without our express prior written consent;
Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating therefrom;
Frame or mirror any part of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent;
Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
Systematically download or store content from the Site, or use any robot, spider, site search/retrieval application, or other manual or automatic means to retrieve, index, “scrape,” “data mine,” or otherwise gather or analyze content of or from the Site, or to reproduce or circumvent the navigational structure or presentation of the Site, including for purposes of training a machine learning model, diffusion model, neural network, or other artificial intelligence system; or
Use or otherwise exploit any portion of the Site except as expressly authorized herein.

Registration; User Names and Passwords. You may need to register to use all or part of the Site. We may decline your request to register for any reason. If we accept your registration request, we may reject, or require that you change, any user name, password, or other information you provide us in registering. Your user name and password are for your personal use only and must be kept confidential and secure. You must promptly notify Petite Plume of any confidentiality breach or unauthorized use of your user name, password, or account.
Product & Pricing Information; Quantity Limits. We try to make sure the Site accurately depicts our products, but because digital displays vary considerably, we can’t guarantee that the in-person appearance of our products will match what you see on your display. Products shown on the Site may be unavailable, and we may change product prices in our sole discretion. We are not responsible for typographical errors, whether in prices or elsewhere. From time to time, we may limit the quantity of items you may order, including the quantity of items that may be ordered using the same account, credit card, shipping address, or billing address. We may cancel orders that we believe, in our sole discretion, involve commercial quantities.
Submissions and Feedback. You represent and warrant that any information or materials you provide through or in connection with the Site, including on any of our blogs or social media accounts or through tools we provide for sharing such information or materials (each, a “Submission”) are and will remain true, accurate, and complete, and you shall update such information and materials as needed. For each Submission, you hereby grant Petite Plume a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, for any purpose. The foregoing license grant applies to all Submissions; but, for clarity, any personal data submitted through the Site remains subject to the Petite Plume Privacy Policy, located here. You represent, warrant, and covenant that you have all consents, authorizations, and rights necessary to grant the rights granted in this section, and that your Submissions and your provision thereof are true, accurate, and complete, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any third party rights. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. If you provide to us any ideas, proposals, suggestions, or other materials regarding Petite Plume, our business, or the Site (“Feedback”), such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place us under any fiduciary or other obligation.
Monitoring. Petite Plume may (but has no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Site, or monitor or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Transactions.
Generally. Petite Plume provides you with the ability to pay for products through the Site (each such payment, a “Transaction”). If you wish to make a Transaction, you may be asked to supply relevant information, such as your credit or debit card number and its expiration date, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT OR DEBIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting information in connection with a Transaction, you grant to Petite Plume the right to provide such information to third parties for purposes of facilitating Transactions.
Purchases. You agree to pay for all products that you purchase through the Site at the prices in effect when you make such purchases. Prices are clearly marked on the Site and are subject to change. By providing a payment method, you authorize us to charge that payment method in accordance with the quantity and prices of the products you purchase, as well as taxes and other charges incurred in connection therewith. While it is our practice to confirm orders and payments by email, the receipt of an email confirmation does not constitute our acceptance of any order or payment, or our confirmation of an offer to sell any product.
Third-Party Payment Providers. We may use third-party service providers to enable you to pay us (such services, “Payment Services”). By submitting your account information for use in connection with Payment Services, you agree that: (a) we may store your information, and process your information with any such Payment Services; and (b) we are not responsible or liable for any failures of any such Payment Services to protect such information adequately. The processing of payments will be subject to the terms, conditions, and privacy policies of such Payment Services, in addition to these Terms of Use. You acknowledge that we may change Payment Services and move your information to other third-party service providers from time to time. There may be fees associated with certain Payment Services, and you agree that you (and not we) will be responsible and liable for all such fees, including fees imposed on your Transactions. You acknowledge and agree that we are not, and will not be, responsible or liable for any Payment Service’s services, site, or acts or omissions.
Proprietary Rights. The Site is protected by proprietary rights and laws. Subject to your compliance with these Terms of Use, you may refer to, copy, and use one copy of material on the Site for personal, non-commercial purposes only, and provided that your copies retain all copyright, trademark, and other proprietary rights notices appearing on the original screens. All trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on the Site or through which the Site is made available, whether registered or not, are owned by Petite Plume or the Affiliated Entities. As between you and Petite Plume, all aspects of the Site are proprietary to Petite Plume. Nothing contained herein or on the Site should be construed as granting any intellectual property rights to the Site (or any portion thereof), including any right to use any trademarks appearing on the Site, without the express prior written consent of the owner. PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING POSSIBLE MONETARY DAMAGES), INCLUDING FOR COPYRIGHT INFRINGEMENT.
Third-Party Materials; Links.
Generally. Certain functionality of the Site may provide access to information, products, services and other materials made available by third parties (“Third-Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We are not responsible for and do not control or endorse any Third-Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms of Use will be deemed to be a representation or warranty by us with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Site at any time. The availability of Third-Party Materials through the Site does not imply our endorsement of, or our affiliation with, their provider(s), nor does such availability create any legal relationship between you and any such provider.
Third-Party Terms. YOUR USE OF THIRD-PARTY MATERIALS IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS, INCLUDING ANY TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS. YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK.
Links. Other sites may link to the Site with or without our authorization; no such linking implies our endorsement of, or our affiliation with, any such site, and we may block any links to or from the Site at any time. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
Disclaimer. THE SITE AND IS MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PETITE PLUME DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THAT IT WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE ARE MADE ON BEHALF OF BOTH PETITE PLUME AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”). WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY SOFTWARE OR HARDWARE WILL BE COMPATIBLE THEREWITH. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, AND (B) ENSURE THAT ANY SUCH SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY THEREWITH.
Limitation of Liability. PETITE PLUME WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES) OF SUBMISSIONS, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF PETITE PLUME FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS FIFTY U.S. DOLLARS ($50.00). ALL LIMITATIONS OF LIABILITY IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE ARE MADE ON BEHALF OF BOTH PETITE PLUME AND THE AFFILIATED ENTITIES. Applicable law may not allow for limitations on certain warranties, or exclusions or limitations of certain damages; solely to the extent such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights. If applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
Indemnity. Except to the extent prohibited by applicable law, you agree to defend, indemnify, and hold harmless Petite Plume and the Affiliated Entities, and their respective licensors, from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of or related to: (a) your use of, or activities in connection with, the Site (including all Submissions); (b) any violation or alleged violation of these Terms of Use by you; or (c) any dispute between you and another user of the Site or any third party.
Termination.
Generally. These Terms of Use are effective until terminated. Petite Plume may terminate or suspend your access to or use of (i) the Site, (ii) your user name and password, or (iii) any Submissions or other files, information, or materials associated with your user name and password, in whole or in part, at any time and without prior notice, including if Petite Plume believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.
Effect of Termination. Upon any termination or suspension, your right to use the Site will immediately cease and Petite Plume may, without liability to you or any third party, immediately deactivate or delete your user name, password, and/or account, and all associated materials, without any obligation to provide any further access to such account or materials. Sections 1, 5, 8, 10 through 14 and 17 shall survive any expiration or termination of these Terms of Use. If we terminate or suspend your use of the Site, you hereby waive any claims against us or the Affiliated Entities with respect to such termination or suspension. We and the Affiliated Entities will not be liable for any termination or suspension of your access to the Site or to any Submissions or other files, information, or materials, and (except as may be required under mandatory applicable law) shall not be required to make such files, information, or materials available to you after any such termination or suspension.
Enforcement. We may take steps that we believe are appropriate to enforce or verify compliance with these Terms of Use, including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights.
Governing Law; Arbitration; Class Action Waiver.

These Terms of Use are governed by the laws of the State of New York, without regard to any conflicts of law principles that would result in the application of another jurisdiction’s laws, and regardless of your location.

EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS COURT, ALL DISPUTES ARISING EXCLUSIVELY OUT OF THESE TERMS OF USE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT PETITE PLUME AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association pursuant to its Commercial Rules in effect at the time the arbitration is noticed, as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Petite Plume that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. The courts of the state of New York County, New York will have exclusive jurisdiction to settle any claim, dispute, or matter of difference that may arise out of or in connection with the arbitration. Any claim or cause of action you may have with respect to Petite Plume or the Site must be commenced within one year after the claim or cause of action arose. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies.

All dispute resolution proceedings related to your use of or inability to use the Site (“Disputes”) will be conducted on an individual basis and not on a class or representative basis. You agree not to serve as a class representative with respect to any Dispute, and you agree not to be a member of any proposed or actual class in any Dispute brought by someone else. You agree that in any Dispute you initiate, you will seek relief on your own behalf only.

Filtering. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available here. Please note that we do not endorse any of the products or services listed at such site.
Claims of Copyright Infringement. If you believe that any materials on the Site infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an agent and must include the following: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (b) identification of the material that you believe to be infringing, including a description of the material, and its location on the Site; (c) your name, address, telephone number and email address; (d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (e) a statement that the information in your claim is accurate; and (f) a statement that under penalty of perjury, you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. You can contact our agent for copyright issues relating to the Site at Petite Plume Copyright Agent, 825 Green Bay Road, Suite 270, Wilmette, IL 60091 or dmca@petite-plume.com. To protect the rights of copyright owners, we reserve the right to suspend your account or other user privileges, delete or disable content alleged to be infringing, or terminate the account or other user privileges of a repeat infringer.
Miscellaneous. These Terms of Use hereby incorporate any additional terms that we post on the Site and, except as otherwise expressly stated herein, these Terms of Use are the entire agreement between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms of Use and will not affect the validity or enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. These Terms of Use will inure to the benefit of each party’s permitted successors and assigns. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you, including notices of changes to these Terms of Use, may be made via posting to the Site, by email (including in each case via links), by regular mail, or by any other reasonable means. Where used in these Terms of Use, “including” and its correlatives mean “including without limitation.” You agree that a printed version of these Terms of Use and of any notice given in electronic form shall 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. Each Affiliated Entity is an intended third-party beneficiary to these Terms of Use with the full right to enforce the terms hereof.
Contact Us. If you have a question, comment, or complaint regarding the Site, you may contact Petite Plume by writing us at 825 Green Bay Road, Suite 270, Wilmette, IL 60091, or by calling us at +1 (800) 298-1381. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last updated: May 16th, 2024