PURIBLE.COM TERMS AND CONDITIONS
By establishing a membership on the Sites, or purchasing or using products or services through the Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Purible, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
You shall establish and use your membership on the Sites, and purchase and use the products and services available through the Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, e-mails and other communications between you and Purible may be recorded.
2. PRIVACY NOTICE
3. PURIBLE MEMBERSHIP
Establishing a Membership
You may establish membership on the Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Purible’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
Use of Membership
You shall not use your Purible membership for any purpose competitive to Purible. You will notify Purible immediately by emailing support@Purible.com of any unauthorized use of your Purible membership or the Sites known to you, whether by you or a third party.
Purible may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Purible deems appropriate in its sole discretion. Purible also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Purible will either not charge you or refund the charges for orders that we do not process or cancel.
Purible's full return policy can be viewed in Shipping and Returns
Product and Service Descriptions
Purible attempts to provide accurate descriptions of products and services on the Sites. Purible does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
Purible strives to provide accurate pricing information regarding the products and services available on the Sites. We cannot, however, insure against pricing errors. Purible reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Purible will notify you by email. In addition, Purible reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Product and Service Availability
The Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Purible cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Purible attempts to process the order. Should this happen, Purible will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Purible determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Purible will notify you by email and delete the item from the Sites.
SHIPPING AND TAX
The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include state and local taxes, as well as any applicable rebates or fees.
Purible is currently obligated to collect sales tax in New York and several other jurisdictions. Each state's tax laws specify what purchases are subject to sales tax.
Important Sales Tax Information for Oklahoma, Vermont, and South Dakota Customers: Purible, Inc. is not obligated to, and does not, collect Oklahoma, Vermont, or South Dakota sales tax. Your purchase is subject to Oklahoma, Vermont, and South Dakota sales tax unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the Internet or by other remote means. The States of Oklahoma, Vermont, and South Dakota requires Oklahoma, Vermont, and South Dakota purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the individual income tax return or by filing a consumer use tax return.
Orders selected for next-day shipping that are placed before 6pm ET will typically ship the following day (unless otherwise specified under 'product description.' If you select next day on a Friday, please be advised that your package will may not be shipped until Monday. Our goal is to process and ship your order within 2-5 business days of receipt. For items that are not yet at a warehouse, please allow 2-3 weeks for the item to be processed and shipped. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order.
Purible ships via UPS.
For Rates and other shipping related concerns, view terms at Shipping and Returns
We are not able to reship packages that are returned to us by the carrier. All undelivered packages will be processed as a return. Please take this into consideration when selecting your shipping address for an order.
5. ENTIRE AGREEMENT
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
7. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Purible may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Purible membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available below, immediately following this document. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
8. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Not with standing the expiration or earlier termination of your Purible membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
9. EFFECTIVE DATE
July 28, 2014
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1. DATA INTEGRITY
You represent that all of the information, data and other materials you provide on this Site or to Purible through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
2. PRIVACY NOTICE
3. LICENSE AND SITE ACCESS
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Purible, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.
Purible grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Purible or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Purible’s sole discretion. Purible strictly prohibits any other use of any content available through the Site, including but not limited to:
- (i) any downloading, copying or other use of the content or the Site for purposes competitive to Purible or for the benefit of another vendor or any third party;
- (ii) any caching, unauthorized linking to the Site or the framing of any content available on the Site;
- (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
- (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
- (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
- (vi) any action that imposes or may impose (in Purible’s sole discretion) an unreasonable or disproportionately large load on Purible’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Purible.
Purible reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Purible neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Purible. Termination of your access or use will not waive or affect any other right or relief to which Purible may be entitled, at law or in equity.
4. CONTENT YOU SUBMIT
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
- (i) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
- (ii) may contain software viruses or malware;
- (iii) contains advertisements or solicitations of any kind, or other commercial content;
- (iv) is designed to impersonate others;
- (v) contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
- (vi) contains messages by non-spokesperson employees of Purible purporting to speak on behalf of Purible or containing confidential information or expressing opinions concerning Purible;
- (vii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
- (viii) contains multiple messages placed within individual folders by the same user restating the same point;
- (ix) contains chain letters of any kind; or
- (x) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Purible. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Purible is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. PURIBLE DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE PURIBLE SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PURIBLE. PURIBLE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE PURIBLE MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE PURIBLE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER PURIBLE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR PURIBLE MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE PURIBLE SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PURIBLE, ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PURIBLE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PURIBLE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PURIBLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless Purible from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Purible and such parties, and shall defend Purible and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Purible will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Purible.
9. ELECTRONIC COMMUNICATIONS
When you use the Site or send emails to Purible, you are communicating with Purible electronically. You consent to receive electronically any communications related to your use of this Site. Purible will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Purible intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Purible Sites.
10. SITE-PROVIDED EMAIL AND POSTINGS
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Purible is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Purible, in its sole discretion, may monitor, not post or remove any such content.
11. ACCESS TO PASSWORD PROTECTED SITE FEATURES
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Purible immediately. Purible may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
12. TRADEMARKS AND COPYRIGHTS
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Purible or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Purible or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Purible’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Purible’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
13. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Purible respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Purible has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Purible members who are repeat copyright infringers. Purible may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Purible the following information:
- (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- (ii) a description of the copyrighted work or other intellectual property that you claim has 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;
- (iii) 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 a description of where the material that you claim is infringing is located on the Site;
- (iv) your address, telephone number, and, if available, email address;
- (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf Purible’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Gesmer Updegrove LLP
40 Broad Street
Boston, MA 02109
Purible may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
14. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
15. FORCE MAJEURE
18. ENTIRE AGREEMENT AND ADMISSIBILITY
19. HOW TO CONTACT US
Effective Date: July 28, 2014