Terms of service
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1. General Terms of Service
- 1.1 Criteria You Must Meet to Use our Platform and Service
- 1.2 Our Other Terms and Policies Apply
- 1.3 We Reserve the Right to Decide What is on the Platform and Service
- 1.4 We Reserve the Right to Establish and Modify Pricing, Discounts, and Promotions
- 1.5 We Reserve the Right to Refuse or Limit Orders
- 2. Your Obligations While Using Plunge’s Platform, Service, or Accounts
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3. Accounts, Technology, and Intellectual Property Matters
- 3.1 You May be Required to Register an Account With Us
- 3.2 How We Treat Our Intellectual Property and Content
- 3.3 How We Treat Your Content
- 3.4 Third-Party Links and Tools
- 3.5 Copyright And Takedown Notice Procedures
- 3.6 System Outages and Scheduled Maintenance
- 3.7 Force Majeure
- 3.8 App & Connected Device Features
- 3.9 Safety & Health Notice
- 3.10 Software, Updates & Connectivity
- 4. Payment Processing, Disputes, and Chargebacks
- 5. Plunge’s Disclaimers
- 6. LIMITATION OF LIABILITY
- 7. Indemnification
- 8. Mobile Terms of Service
- 9. Business Users
- 10. Governing Law and Dispute Resolution
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11. General Terms
- 11.1 Entire Agreement
- 11.2 How You Can Terminate these Terms of Service
- 11.3 How These Terms of Service Are Interpreted
- 11.4 Severability
- 11.5 No Waiver by Plunge
- 11.6 No Third-Party Beneficiaries
- 11.7 Copies of these Terms of Service
- 11.8 Electronic Signatures
- 11.9 How to Contact Plunge
- 11.10 How We May Contact You
- 11.11 All Correspondence Must be in English
- 11.12 How We Can Modify these Terms of Service
- 11.13 Certain Defined Terms
Plunge operates an e-commerce shopping platform (“Platform”), available at plunge.com and associated domains (the “Website”), where Plunge makes its products and services available for purchase and provides other information and content. In these Terms of Service (“Terms of Service” or “Terms”), we refer to these services as our “Service.”
When these Terms of Service refer to “Plunge,” “we,” “us,” or “our,” they refer to Reboot Labs LLC, which does business as Plunge, and its successors and assigns.
When these Terms of Service refer to “you” or a “user,” they refer to the person or entity who visits, uses, accesses, and interacts with the Platform for any reason or in any manner, or who purchases goods or services from Plunge. Please be aware that Section 9 of these Terms contains additional terms for “Business Users” (as defined herein) who purchase our goods or services for use in a business, like a spa or retreat.
Throughout these Terms of Service, we may also use other capitalized terms. Those terms are defined either in the body of this Agreement or in Section 11.11 of these Terms and Conditions, in each case by use of quotation marks. Please review the definitions of capitalized terms carefully.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By registering or signing up for an account with us (“Account”), purchasing our goods or services, or visiting, using, accessing, or otherwise interacting with any part of our Platform, you agree to be bound by these Terms of Service, which constitute a binding contract between you and Plunge. If you do not agree to be bound by these Terms of Service, then you may not visit, access, use, or otherwise interact with the Platform or use or otherwise take advantage of our Service.
1. General Terms of Service
1.1 Criteria You Must Meet to Use our Platform and Service
By agreeing to these Terms of Service, you represent and warrant to Plunge that you are:
At least the age of majority in your state or jurisdiction of residence; and
Are not a resident of any country to which the United State has embargoed goods or services, or which is subject to other applicable United States trade sanctions that would prohibit Plunge from offering or selling you products or services.
We may, in our discretion, require that you provide proof that you meet these criteria. If you do not provide reasonably satisfactory proof, or if you misrepresent any information concerning your criteria to use our Platform or Service or otherwise breach or violate these Terms of Service or any of our other applicable terms or policies, you may be restricted or prohibited from using or accessing our Platform or Service.
1.2 Our Other Terms and Policies Apply
Our Privacy Policy () describes how we use or process information you provide us when you use the Platform or Services. In addition, other terms or policies may apply to you, depending on the circumstances. For example, our Refund Policy () will apply to you if you would like to seek a refund.
Our other terms and policies are available on the Website. They also may be subject to modification or change in accordance with their own terms. We strongly recommend that you review each of them.
1.3 We Reserve the Right to Decide What is on the Platform and Service
The information and material on the Platform and Service is informational only and should not be relied upon or used as the sole basis for making decisions. Some of the information on the Platform or Service may not be current or may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We may, in our discretion, correct any errors, inaccuracies, or omissions, and change or update information or cancel orders if any information on the Platform or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an order, except where prohibited by law). However, you should not consider that a “last updated” or similar statement on any page or part of the Platform means that all information on the Platform or Service – or on any specific webpage on the Platform – has been modified or updated.
We reserve the right to modify the contents of the Platform and Service at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Platform. Any reliance on the material on the Platform or Service is at your own risk.
In addition, we reserve the right at any time to modify or discontinue the Platform or Service (or any part or content thereof), or to refuse service to any person, without notice, at any time, and for any reason or no reason. We will not be liable to you or to any third-party for any discontinuance of the Platform or Service.
1.4 We Reserve the Right to Establish and Modify Pricing, Discounts, and Promotions
We reserve the right to establish pricing, discounts, and promotions for our products and services in our discretion. Such pricing, discounts, and promotions are subject to change at any time, without notice, in our discretion. We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Certain products or services may be available exclusively online through the Platform. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy (plunge.com/policies/refund-policy).
We have made every effort to display as accurately as possible the colors and images of our products on the Platform. We cannot guarantee that your computer or device’s display of any color or image will be accurate.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
1.5 We Reserve the Right to Refuse or Limit Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
2. Your Obligations While Using Plunge’s Platform, Service, or Accounts
You agree, at all times while visiting, using, accessing, or otherwise interacting with our Platform, Service, or Accounts, to strictly comply with these Terms of Service, our other terms and policies, and all applicable laws, rules, regulations, orders, ordinances, codes, covenants, restrictions, and other agreements.
In addition to other requirements or limitations set forth in the Terms of Service, you are prohibited from, directly or indirectly, doing any of the following:
Posting, uploading, publishing, submitting, or transmitting any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law; (c) is fraudulent, false, misleading, untrue, or deceptive; (d) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (e) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (f) promotes illegal or harmful activities or substances;
Filing illegitimate or false chargebacks;
Using, displaying, or publishing any individual element(s) within the Platform, the Plunge name, Plunge’s other Intellectual Property (as defined below), or Plunge’s other proprietary information, without Plunge’s prior written consent;
Accessing, tampering with, or using non-public areas of our Platform, our computer systems, or the technical delivery systems of our providers;
Attempting to probe, scan, or test the vulnerability of our systems or networks or breaching any of the security or authentication measures that we use in connection with the Platform;
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Plunge or any of Plunge’s providers or any other third party (including another user) to protect our Platform;
Attempting to access or search our Platform or download Content from our Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Plunge or other generally available third-party web browsers;
Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Using any meta tags or other hidden text or metadata utilizing a Plunge trademark, logo URL, Intellectual Property, or product name without Plunge’s express written consent;
Using the Platform for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms of Service;
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using our Platform to send altered, deceptive or false source-identifying information;
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Platform;
Interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Platform;
Collecting or storing any personally identifiable information, personal data, personal information, or other sensitive information from our Platform or from other users of our Platform without their express consent;
Impersonating or misrepresenting your affiliation with any person or entity;
Promoting any illegal activity, or advocating, promoting, or assisting any unlawful act; or
Encouraging or enabling any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Platform or to review or edit any Content, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms of Service and our other terms and policies, and to comply with applicable law or other legal requirements.
We reserve the right, in our discretion, to remove or disable access to the Platform, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms of Service or our other terms and policies. We have the right to investigate violations of these Terms of Service or conduct that affects the Platform. We may, in our discretion, consult and cooperate with law enforcement authorities.
3. Accounts, Technology, and Intellectual Property Matters
3.1 You May be Required to Register an Account With Us
You may not be able to browse and use or interact with certain limited features of the Platform without creating an Account. When creating an Account, you will be required to use your email address, select a password, and provide us with certain information. Information you provide to us when you create an Account with us is governed by the terms of our Privacy Policy (plunge.com/policies/privacy-policy).
Your Account username and identifier will be your email address. We reserve the right to require you to modify or change your username and/or password if we believe that they violate these Terms of Service or any applicable law, or otherwise present security concerns. You will also be required to select a password and will be solely responsible for maintaining the confidentiality of that password and all conduct on the Platform.
You may not provide access to your Account to any third party or use a third party’s Account. We are not responsible or liable for any harm that results from your disclosure of your password and/or username to any third party or any third party’s disclosure of their password and/or username to you. You are required to notify us if you learn of any third party accessing your Account, username, or password for any reason. You may terminate your Account by notifying us in writing, but we may delay termination of your Account until any orders are completed and other obligations that are outstanding are paid or performed.
If you create an Account, you may be able to communicate with other users. Do not send other users “spam” or unwanted communications, share personal or sensitive information with other users, or transmit other User Content or engage in other conduct that is prohibited by these Terms of Service. We reserve the right, but not the obligation, to remove, suspend, refuse registration of, and/or delete Accounts or User Content for violations of these Terms of Service.
3.2 How We Treat Our Intellectual Property and Content
All content on the Platform and Service are copyright © 2025 Reboot Labs, LLC dba Plunge. All rights are reserved. All of Plunge’s Intellectual Property are owned or licensed by Plunge. Plunge and its licensors exclusively own all right, title, and interest in and to the Platform and Service, including all Intellectual Property.
We grant you a revocable limited, personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, and non-exclusive license to use the Platform and Service, access the Content, and make use of the software embedded into the Platform and Service only as authorized by these Terms of Service.
We do not grant you, and nothing on the Platform or Service should be understood as granting you a license to use, copy, modify, reproduce, publicly perform or display, use, or otherwise exploit for commercial purposes any part of the Platform, Service, Content, or our other Intellectual Property. You must obtain our prior and express written consent to modify, create derivative works of, copy, edit, sell, lease, transmit, display, publish, or post any part of the Platform, Service, Content, or our other Intellectual Property.
3.3 How We Treat Your Content
We do not claim any ownership rights in any User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your own User Content. By making any User Content available through the Platform, you hereby grant us an irrevocable, non-exclusive, transferable, assignable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing our Platform to you and to other users.
We are not, and shall be under no obligation at any time, to:
Maintain any User Content in confidence, except with respect to information governed by our Privacy Policy (plunge.com/policies/privacy-policy); or
Pay or provide compensation of any kind for any User Content; or
Respond to any User Content.
We may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3.4 Third-Party Links and Tools
Certain content, products, and services available on or through the Platform may include materials developed and/or owned by third parties. Third-party links on the Platform may direct you to third-party websites that are not affiliated with us.
We may provide you with access to third-party tools that we do not monitor or control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, tools, websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
3.5 Copyright And Takedown Notice Procedures
If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at [email protected]:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3.6 System Outages and Scheduled Maintenance
We periodically schedule system downtime for the Platform, the Accounts, the systems on which they are hosted, and the software or apps required to use each of them. This downtime may be scheduled for maintenance, updates or upgrades, or other purposes. Unplanned system outages may also occur, including, without limitation, for unexpected maintenance or updates, or during peak demand or by virtue of malfunctions or system errors. You agree that we have no responsibility for and are not liable for:
the unavailability of any of our Platform or your Account;
any loss of materials, data, transactions, or any other information or materials caused by such system outages;
the resultant delay, mis-delivery, or non-delivery of data, transactions, or any other information or materials caused by such system outages; or
any outages caused by any third parties, including without limitation, any companies or servers hosting our Platform, any Internet service providers, any Internet facility or network, any distributed or decentralized network or service provider, or any cellular providers or services.
In addition, the availability of our Platform and/or your Account may be restricted or disturbed, from time to time, in the following cases:
disruption of your Internet connection or cellular network;
technical or service failures of your own devices;
failure to update to the current version of the software or apps required to access or use our Platform or your Account; or
due to a Force Majeure Event (defined below).
3.7 Force Majeure
You agree that Plunge shall incur no liability and shall not be responsible for any failure to perform its obligations to you, if such failure is caused by reason of strike, other labor trouble, governmental rule, regulations, ordinance, statute, or interpretation, or by fire, earthquake, civil commotion, or any and all other causes beyond the reasonable control of Plunge (each, a “Force Majeure Event”).
The amount of time for Plunge to perform any of its obligations shall be extended for the amount of time Plunge is delayed in performing such obligation by reason of a Force Majeure Event.
3.8 App & Connected Device Features
The Plunge App and connected devices (including Plunge Connect and any firmware-enabled Plunge products) may allow you to:
- Track cold-plunge or sauna sessions and related metrics;
- View session history, trends, and performance data;
- Remotely control compatible Plunge products and settings;
- Schedule or automate sessions; and
- Receive maintenance reminders, firmware notifications, and recommended supplies.
Features may vary depending on product model, region, firmware version, or connectivity, and may be modified, suspended, or discontinued at any time. The App and connected-device functions require compatible hardware, software, and internet access, which may involve third-party fees. Plunge is not responsible for any unavailability caused by network issues or device incompatibility.
3.9 Safety & Health Notice
Cold-therapy and sauna use involve inherent health risks. You should consult a qualified healthcare professional before using any Plunge product, especially if you have cardiovascular, neurological, or other medical conditions, are pregnant, or are sensitive to extreme temperatures.
Always follow Plunge’s written instructions, user manuals, and safety guidelines.
Do not rely on the App or any connected device for emergency or life-critical communications.
By using the Services or products, you acknowledge and assume all risks associated with cold- or heat-exposure activities.
3.10 Software, Updates & Connectivity
Plunge may provide firmware or App updates (including automatic or remote updates) to maintain, improve, or secure product functionality. By using the App or connected device, you grant Plunge a limited license to install and run such updates.
Remote features require an active internet connection and may be affected by network latency, third-party service interruptions, or outages beyond Plunge’s control.
Plunge does not guarantee uninterrupted connectivity or real-time responsiveness.
You agree not to tamper with, modify, or disable firmware, connectivity modules, or update mechanisms.
4. Payment Processing, Disputes, and Chargebacks
4.1 How We Process Payment
We use Shopify as our payment processor. All listed prices are in United States dollars. We do not accept foreign currencies or digital currencies (such as cryptocurrency). Your use of any payment-processing function in the Platform is subject to Shopify’s applicable terms, conditions, and agreements, and you agree to be bound by Shopify’s terms and conditions and comply with any obligation you may have with Shopify.
4.2 How to Dispute Payments
If you dispute any charges to your payment card or bank account, before filing an action pursuant to Section 10.2 of these Terms or Service, and before initiating or filing a dispute or chargeback with a credit-card or debit-card issuing bank (a “Chargeback”), you agree to first attempt to resolve the dispute with us by providing us written notice at [email address] (“Payment Dispute Notice”). Payment Dispute Notices must contain:
Your name and contact information;
The invoice or purchase order number for your purchase;
The email address used to purchase the applicable item(s); and
A detailed explanation of the payment or charges you dispute and the reason for the requested adjustment.
Plunge will have no obligation to respond to a Payment Dispute Notice if it does not contain all of the above information. Otherwise, within ten (10) business days after receipt of a Payment Dispute Notice, Plunge will review the Payment Dispute Notice and either adjust the invoice/purchase order and issue a full or partial refund, or send you a written explanation of why Plunge will not make any changes requested in a Payment Dispute Notice.
If you and Plunge are unable to resolve the payment dispute in the manner set forth above, you or Plunge may file an action pursuant to Section 10.2 of these Terms or Service. Additionally, subject to Section 4.3 of these Terms of Service, you may initiate a Chargeback.
You accept and agree that your failure to comply with this Section 4.2 shall constitute a waiver of all of your rights to file Chargeback in connection with the products or services subject to the payment dispute.
4.3 Additional Limitations on Chargebacks
By purchasing products or services from Plunge, you acknowledge and agree that you have read and understand the terms of any warranty we may offer in connection with such products or services. You can read about Plunge’s warranties on our Warranty Information page (https://plunge.com/pages/warranty).
By purchasing products or services with a warranty, you agree to be bound by any applicable provisions of the warranty. You further acknowledge and agree that upon expiration or termination of a warranty, you will no longer have a right to demand that Plunge provide you with an exchange, repair, replacement, or refund for any product or service subject to the warranty.
Accordingly, by purchasing products or services from Plunge, you agree that you will not file a Chargeback with respect to any product or service after the applicable warranty period has expired or if a warranty, by its terms, terminates or expires prior to the initial term of the warranty (for example, due to negligent operation of the product). If Plunge does not provide a warranty with respect to a product or service, you agree that you will not file or initiate a Chargeback more than twelve (12) months after the date of your purchase of the product or service.
If you file or initiate a Chargeback and the Chargeback is successful, you further agree (a) to return the product or service for which monies were returned, and any applicable accessories, in connection with the Chargeback, and (b) that Plunge will not be responsible for costs associated with the disassembly of products, installation or uninstallation of utility connections, or other costs or expenses that you may incur in removing or transferring products to Plunged.
You acknowledge and agree that Plunge will provide a copy of these Terms of Service, along with proof of delivery, proof of payment, other transaction records, and warranty information to the payment provider in the event you initiate Chargeback.
5. Plunge’s Disclaimers
We offer, control, and operate our Platform from our offices in the State of California. Your use of or access to the Platform outside of the State of California should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any jurisdiction other than the State of California.
We shall not be held responsible or liable for the accuracy of any Content transmitted or made available through our Platform, nor responsible for any error or omissions in any of that Content. Your reliance on the Content or any information associated with our Platform is at your own risk. Not all Content in our Platform is suitable for everyone. You understand and agree that you are solely responsible for your use of our Platform.
To the fullest extent permitted by applicable law, we disclaim, on behalf of ourselves and our affiliates, subsidiaries, parents, affiliates, licensors, managers, officers, members, partners, suppliers, employees, agents, and representatives, and our or their respective successors, heirs, and assigns, any and all representations, warranties, and guarantees of any kind of nature, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, completeness, informational content, error-free operation, appropriateness for use, compliance with applicable laws in your jurisdiction, or results to be obtained from use with respect to the Platform or Services. To the maximum extent permitted by applicable law, we make the Platform available “as is”, “where is,” “as available,” and without any representation, warranties, or conditions of any kind, either express or implied. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
We have no control over, have no liability for, and make no endorsements of or concerning any third-party information, goods, services, products, websites, or other content or materials, even if they are linked to or from the Platform or otherwise by us. We make no representations, warrantees, or guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content. Any information or content on any third-party website or platform shall be governed by that party’s terms of use or other terms and policies, which we encourage you to review.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER PLUNGE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SERVICE PROVIDERS, OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, OR ANY OF OUR OR THEIR SUCCESSORS, HEIRS, OR ASSIGNS (“LIMITED PERSONS”), ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF VALUE, LOSS OF REVENUES, OR LOSS OF PROFITS), REPLACEMENT COSTS, OR SIMILAR LOSSES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY REASON OR IN ANY CONTEXT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL LIMITED PERSONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN STRICT LIABILITY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO PLUNGE IN THE PRECEDING TWELVE (12) MONTHS, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification
By visiting or using our Platform, registering an Account, purchasing our products or services, or otherwise using our Service you hereby irrevocably agree to indemnify, defend, and hold harmless the Indemnified Parties (defined below) from and against any and all Losses (defined below) arising out of or resulting from any claim of a third party arising from or relating to any of the following:
Your violation of any applicable law;
Your violation of these Terms of Service or our other policies or terms;
Any act or omission of yours while using our Platform or Service; or
Any act or omission of any third party whom you allow to access your Account or our Platform on your behalf.
PLEASE NOTE that Business Users have additional indemnification obligations, as set forth in Section 9.4 of these Terms of Service.
8. Mobile Terms of Service
If you use the Platform or our Service, you may be asked to consent to receive SMS, MMS, or text messages (“Marketing Messages”). Your consent to receive Marketing Messages is not a condition of any purchase with Plunge. Your participation in our Marketing Messages program (“Mobile Service”) is completely voluntary.
If you do consent to receive Marketing Messages, your consent is governed by the terms set forth in this Section 8 of these Terms of Service (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to the Mobile Service, you agree to receive recurring Marketing Messages from and on behalf of Plunge through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, cart reminders, product launches, coupons, giveaways, and other marketing offers (e.g., cart reminders).
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with SMS, MMS, or text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to Marketing Messages, including charges from your wireless provider.
In addition, you agree to our Messaging Terms and Messaging Privacy Policy .
You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to +18336033296 or click the unsubscribe link (where available) in any Marketing Message to cancel. You’ll receive a one-time opt-out confirmation message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Plunge mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Mobile Service support or assistance, text HELP to +18336033296 or email [email protected].
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
Support SMS Program (Twilio): Plunge sends SMS messages to customers who have opted in via the support request form at plunge.com. These messages are for customer support purposes only, including case updates and media requests related to your support ticket. Message frequency varies based on your support case. Message and data rates may apply. To opt out at any time, reply STOP. For help, reply HELP. Carriers are not liable for delayed or undelivered messages.
Marketing SMS Program (Postscript): Plunge sends promotional text messages to customers who opt in during checkout. Message frequency varies. Message and data rates may apply. Reply STOP to cancel. Reply HELP for help.
9. Business Users
9.1 Who Qualifies as Business Users
Business users are persons or entities that purchase:
Our Commercial Products or Hybrid Products for Commercial Purposes;
Our Commercial Products, Hybrid Products, or Non-Commercial Products for distribution or sale (if and only if authorized by Plunge in writing);
Our Commercial Products, Hybrid Products, or Non-Commercial Products for corporate gifting, such as to business employees, customers, or clients.
While Commercial Products are intended for Commercial Purposes, they may be used for Non-Commercial Purposes. Individuals may purchase or use Commercial Products for Non-Commercial Purposes, and will not be deemed “Business Users” as a result.
The following provisions of this Section 9 apply to all Business Users, provided that we may, in our discretion, modify the terms of this Section 9 in a separate written contract with Business Users.
9.2 Business Users and Non-Commercial Products
You may not purchase or use Non-Commercial Products for Commercial Purposes.
Non-Commercial Products are designed only for Non-Commercial Purposes. Improper use of Non-Commercial Products may void the warranty and result in personal injury, illness, death, or property damage or destruction.
To the maximum extent permitted by applicable law, Plunge hereby disclaims any and all liability for personal injury, death, or damage or destruction of property caused by the improper use of Non-Commercial Products.
By purchasing Non-Commercial Products, you represent and warrant that such Non-Commercial Products will not be used for Commercial Purposes (other than distribution, sale, or gifts as permitted by these Terms of Service or by Plunge).
9.3 Adherence to Specifications and Instructions
In addition to the requirements of any applicable warranty, you hereby agree that you (including your employees or other personnel) will review and adhere to all specifications, instructions, procedures, and manuals (if any) provided by us or otherwise made available to you in your operation, maintenance, or cleaning of any Commercial Products or Hybrid Products.
9.4 Additional Indemnification Obligations
In addition to the indemnification obligations set forth in Section 5 of these Terms of Service, Business Users agree to indemnify, defend, and hold harmless Plunge and the Indemnified Parties from and against any and all Losses arising from or relating to claims:
By a customer, guest, or invitee of the Business User for personal injury, illness, death, or property damage or destruction if such personal injury, illness, death, or property damage or destruction was caused by the Business User or its customer, guest, or invitee’s misuse of Plunge’s products or services; and
By any third party if the Business User uses a Non-Commercial Product for Commercial Purposes.
9.5 Additional Disclaimers
Plunge does not and cannot warrant the performance or results that may be obtained by using its products or services for Commercial Purposes, including, without limitation, that Business Users will achieve any particular amount of sales, revenues, or profits. Accordingly, all products or services purchased or used for Commercial Purposes are purchased “as is” without warranty as to their performance, merchantability, or fitness for any particular purpose. The entire risk as to the results and performance of our products or services for Commercial Purposes are assumed by Business Users.
9.6 Sale and Distribution Requirements
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9.7 Insurance Requirements
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10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States of America.
However, some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This Section 10.1 does not override those laws.
10.2 Sole and Exclusive Venue for Disputes
To the maximum extent permitted by applicable law, you and Plunge agree that all disputes, claims, or controversies arising under or relating to these Terms of Service or your relationship with Plunge shall be brought solely and exclusively in the federal Eastern District of California or state courts located in Placer County, California. Both you and Plunge consent to venue and personal jurisdiction in such courts.
If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, this Section 10.2 does not affect those requirements.
10.3 You May Only Bring Claims on an Individual Basis
To the maximum extent permitted by applicable law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
11. General Terms
11.1 Entire Agreement
These Terms of Service and any of our other terms or policies constitutes the entire agreement and understanding between you and us and govern your use of the Platform or Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or any of our other terms or policies).
All the terms and provisions of these Terms of Service shall be binding upon and inure to the benefit of you and Plunge, and each of our respective successors and permitted assigns, representatives, heirs, and estates, as applicable.
11.2 How You Can Terminate these Terms of Service
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease visiting, using, accessing, or otherwise interacting with our Platform. If you have registered an Account, you will still be bound by these Terms of Service and our other terms and policies unless you delete the Account.
In any case, if after termination, you later visit, use, access, or otherwise interact with our Platform, create an Account, or purchase our products or services, these Terms of Service and our other terms and policies will apply to you.
The obligations and liabilities of you and Plunge incurred prior to the termination date will survive the termination of this agreement for all purposes.
11.3 How These Terms of Service Are Interpreted
No ambiguities in the interpretation of these Terms of Service shall be construed against Plunge.
Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
As used in these Terms of Service:
The words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation.”
The word “or” is not exclusive.
The words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Service as a whole.
Words denoting the singular have a comparable meaning when used in the plural, and vice-versa.
Words denoting any gender include all genders.
The words “day” or “days” refer to calendar days, and the words “business day” or “business days” refer a day other than a Saturday, Sunday, or other day on which commercial banks in the State of California, United States of America, are authorized or required to close.
The word “dollars” or symbol “$” refers to United States dollars.
11.4 Severability
Any term or provision of these Terms of Service that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
11.5 No Waiver by Plunge
No waiver by Plunge of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Our failure to respond to a request (whether or not such request is made in writing) shall not be deemed to be assent or agreement by us to such request.
Our exercise of any of our rights, elections, or remedies under or relating to these Terms of Service will be without prejudice to our exercise of any other rights, elections, or remedies under these Terms of Service or otherwise permitted by applicable law, except as specifically set forth in these Terms of Service.
11.6 No Third-Party Beneficiaries
Except with respect to the Indemnified Parties, who may enforce their rights to indemnification granted in these Terms of Service, these Terms of Service are for the sole benefit of you and Plunge and our respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Service.
11.7 Copies of these Terms of Service
A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings or arbitration based upon or relating in any way to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11.8 Electronic Signatures
By using a part of the Platform or Service that facilitates electronic signatures, you agree to do business electronically and to use electronic records and signatures. There may be laws where you reside governing what types of documents and transactions are appropriate for such signatures. It is your responsibility to ensure that the electronic signature functionality provided by the Platform or Service is appropriate for your scenario.
11.9 How to Contact Plunge
If you have any questions about these Terms of Service or other matters, please visit our () or call our support team at (916) 914-8911.
If you want to speak with a Plunge sales representative, call (888) 860-0572.
Plunge sales and support representatives are available between 9 am and 5 pm pacific time on business days.
11.10 How We May Contact You
To the extent permitted by applicable law, you agree that any email notice from us at the primary email address associated with your Account at the time we send a notice is your address for notices. Any notice sent to you at such email address shall be deemed received when sent.
11.11 All Correspondence Must be in English
All correspondence relating to these Terms of Service must be written in English.
11.12 How We Can Modify these Terms of Service
These Terms of Service are effective as of the “Last Updated” date at the top of these Terms of Service, and supersede any prior versions of our Terms of Service. We may, in our sole discretion, add, modify, or remove features, tools, pages, materials, products, or content to the Platform or our Service after the date of these Terms of Service, and any changes will be subject to these Terms of Service. We may also, in our sole discretion, update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Platform.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform or our Service following the posting of any changes constitutes acceptance of those changes.
11.13 Certain Defined Terms
For purposes of these Terms of Service, the following capitalized terms have the following meanings:
“Content” means any product, service, image, photograph, video, file, .MP3, .GIF, information, or any other content in any other format, whether now existing or hereinafter developed, that is at any time displayed, published, visible, linked from, referred to in, sold, offered, or transferred from, or otherwise posted on or through the Platform or Service, or otherwise by Plunge.
“Commercial Products” means Plunge products or services which are intended only for Commercial Purposes. Commercial Products may include products on , on the “For Business” dropdown tab on the Platform, or otherwise designated “Commercial.”
“Commercial Purposes” means use of a product or service in a commercial or business setting, such as a spa, sauna, hotel, gym or exercise studio, retreat, healthcare business, or physical therapy business.
“Hybrid Products” means Plunge products or services, such as accessories, that may be used for Commercial Purposes or Non-Commercial Purposes.
“Indemnified Parties” means Plunge and its employees, agents, contractors, contributors, affiliates, members, managers, officers, directors, shareholders, attorneys, advisors, representatives, successors, and assigns.
“Intellectual Property” means Plunge’s trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Platform or Service, and all other proprietary rights, whether registered or not, whether now or hereinafter developed.
“Losses” means any and all losses, damages, liabilities, deficiencies, claims, allegations, causes of action, actions, judgments, assessments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under these Terms of Service, and the cost of pursuing any insurance providers, whether direct, contingent, or consequential and no matter how arising, whether or not meritorious, incurred by an Indemnified Party or awarded against an Indemnified Parties.
“Non-Commercial Products” means Plunge products intended only for use in Non-Commercial Purposes.
“Non-Commercial Purposes” means use of a product or service in a non-commercial setting, such as in a residence.
“User Content” means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Platform that users provide to be made available through the Platform.