PURE Energies Terms of Service

This agreement (“Agreement”) is entered into by Pure Energies Group (“PURE”) and you as a user of PURE (“You”). You acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on this website, shall govern your use of each and every page of this website and the provision of information to You by or through the website (the “Service”). PURE reserves the right to revise this Agreement and/or the contents of this website at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement. For this reason, PURE encourages You to periodically visit the website and review the terms and conditions of this Agreement. PURE reserves all rights afforded by the laws of the state of California, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the PURE website.

Privacy Policy

PURE considers your privacy one of its highest priorities. Please refer to PURE’s Privacy Policy below for information and notices concerning PURE’s collection and use of your personal information.

Secure Server Pages / Online Application Pages

Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. PURE appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if You are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.

Intellectual Property Ownership

All information and content contained on or in the PURE website, including but not limited to text, images, video, audio and data are owned by and proprietary to PURE, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to PURE, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of this website. Any unauthorized use by You may subject you to penalties or damages. PURE will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.

Use of pureenergies.com

You may not use pureenergies.com for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the pureenergies.com web site or any of its content for competitive reasons nor may you resell or redistribute pureenergies.com content without prior express written consent of management at pureenergies.com. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the pureenergies.com web site, any data or content found on or accessed through the pureenergies.com web site without prior express written consent of management at pureenergies.com.

You may not use the pureenergies.com web site to obtain or attempt to obtain through any means any materials or information on the pureenergies.com web site that has not been intentionally made publicly available either by public display on the pureenergies.com web site or through accessibility by a visible link on the pureenergies.com web site. You may not use the pureenergies.com web site in a manner that would violate the security of the pureenergies.com web site or attempt to gain unauthorized access to the pureenergies.com web site, data, materials, information, computer systems, or networks connected to any server associated with the pureenergies.com web site, through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the pureenergies.com web site, any activities conducted on or through the pureenergies.com web site or any servers or networks connected to the pureenergies.com web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the pureenergies.com web site.

Digital Millennium Copyright Act

If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, You may provide notice of your claim to PURE Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located;
4. Information reasonably sufficient to permit PURE to contact You, such as an address,
telephone number, and, if available, an e-mail address at which You may be contacted;
5. 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
6. 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.

PURE’s Designated Agent is:
, Inc.
Attn: Intellectual Property Agent
164 South Park
San Francisco, CA 94107
Email: legal@pureenergies.com

If your user content or other information has been affected by reason of a notification under the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, You must provide us with a written communication sent to PURE’s Designated Agent identified above that sets forth the following items:
1. An identification of the URLs or other unique identifying information of material that PURE
has removed or to which PURE has disabled access;
2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person;
3. A statement, under penalty of perjury, that You have a good faith belief that content at issue
was removed or disabled as a result of a mistake or misidentification of the material to be
removed or disabled; and

4. Your physical or electronic signature.

Tell a Friend / Referral Program Policy

For the purposes of spreading solar in communities, provides each signed-up user with a unique cookie-enabled web address/URL by which to track leads that come from the user’s efforts. A finder’s fee/payment will be made to the user for any new users he or she brings in who (1) sign up on the PURE.org website via the user’s unique cookie-enabled web address/URL and (2) purchase a solar system through PURE. Specific fees are outlined in the user’s profile. The user shall receive itemized real-time reporting from as to lead activity and amount earned in the user’s profile. The qualification status for all inbound leads will be determined solely at the discretion of based on factors such as pitch of roof(s), direction of roof (s), and shading of roof(s) by trees, buildings or other impediments, as well as other factors. will make a good faith effort to qualify and sell all inbound leads. A user is strictly forbidden from participating in any form of paid online advertising for and/or on behalf of such as Google Adwords or Facebook paid advertising. Additionally, user is not permitted to use “” or “PURE” in the URL of any website they may set up in relationship to the referral/tell-a-friend program.

Use of this Site at Own Risk

You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither PURE nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.

No Warranty of Accuracy of Information

You acknowledge and agree that while PURE will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the PURE website are based upon current information, PURE cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Liabilities

UNDER NO CIRCUMSTANCES SHALL PURE BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF PURE HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PURE’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO PURE, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT PURE DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY PURE. YOU AGREE THAT PURE IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY PURE AND YOU WAIVE ALL SUCH CLAIMS AGAINST PURE AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.

Indemnification

You agree to indemnify and hold harmless PURE, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to PURE or on this website.

Unlawful Content and Behavior

You acknowledge and agree that You will not post or transmit to this website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that PURE or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, PURE assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Links to Other Websites

You acknowledge and agree that although this website may be linked to other websites, PURE neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in this website. PURE has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at Your own risk.

Application of Laws

You acknowledge and agree that although the information and materials on the PURE website may be read throughout the world, this website is designed and intended for use in the United States and use of this website by You will be construed and evaluated according to the laws of the United States. If You access this website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. PURE makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or Your other use of this website or the Service, the laws of the State of California shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco County, California and further agree that the states and federal courts located in San Francisco County, California shall be the exclusive venue for the resolution of any dispute between PURE and You.

Entire Agreement

This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

No Waivers

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of PURE.

Severability

If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.

Privacy Policy

PURE PRIVACY STATEMENT

This privacy statement covers the site www.pureenergies.com. Because this web site wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices: What personally identifiable information PURE collects, what personally identifiable information third parties collect through the Web site, what organization collects the information, how pureenergies.com uses the information, with whom pureenergies.com may share user information, what choices are available to users regarding collection, use and distribution of the information, what types of security procedures are in place to protect the loss, misuse or alteration of information under pureenergies.com control, and how users can correct any inaccuracies in the information.

If users have questions or concerns regarding this statement, they should first contact PURE Customer Support by email at help@pureenergies.com or by phone at 877-444-4002.

Information Collection and Use

pureenergies.com is the sole owner of the information collected on pureenergies.com. pureenergies.com collects information from our users at several different points on our Web site.

Registration

In order to use some features of this Web site, a user must first complete the registration form. During registration a user is required to provide contact information (such as name and email address) as well as certain information regarding a user’s home and energy usage. We may use this information to contact the user, via email, direct mail or telephone, about services on our site for which he has expressed interest. We may provide this contact information to solar retailers and other third party service providers who can help fulfill your information/service request.

Third Party Communications

As stated above, we may provide your contact information to solar retailers and other third party service providers who can help fulfill your information/service request. Accordingly, these third parties may directly contact you (via email, direct marketing, or telemarketing) about (i) your information/service requests through this website and/or (ii) their own products and services. Please see our Opt-out section for how to opt out of receiving these communications.

Profile

We store information that we collect through cookies and log files to create a profile of our users. A profile is stored information that we keep on individual users detailing their solar energy system preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide the quote service and improve the content of the site for the user. This profile is used to tailor a user’s service from our Web site and may be used to direct pertinent pureenergies.com marketing promotions to them. We may share your profile with third party service providers in order to enhance your user experience and our services.

Cookie Disclosure

What’s a cookie?

A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time.

Why do we use cookies?

PURE uses cookies to restore users to a previous session after leaving the site. By setting a cookie on our site, we are able to save the information and settings provided by the user in an earlier session even if they have not registered.

Deleting cookies

If you have not registered with PURE, deleting cookies means that you may be unable to restore information from a previous session. There are a number of software and shareware programs available that are designed to periodically purge cookie files from your hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.

Log Files

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/ time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Communications from the Site

Special Offers and Updates

We send users email notifications of various events relating to the use of PURE. Established members will occasionally receive information on products, services, special deals, and/or a newsletter. During the sign up process, we do present the option note to receive these types of communications. Please see the Choice and Opt-out sections.

Email

If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. Out of respect for our users, we provide a way to unsubscribe from/opt-out of these communications in each message we send.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.

Sharing

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Sharing of Information

We do not sell or otherwise disclose information about our website visitors, except as described here. We may share the information you provide among our solar installers and other third party service providers in order to help fulfill your information/service request. Please note that these third parties with whom we share your information may (i) use such personal information for their own purposes (including commercial purposes) as set forth in their respective privacy policies or (ii) may disclose or dispose of your information to other third parties in the course of their own business. You may opt out of this use by contacting these third parties directly. The opt-out terms for these third parties will be governed by their respective privacy policies. In addition, we may disclose information about you (i) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (ii) if this is necessary to protect the vital interests of the a person.

Business Transitions

In the event pureenergies.com goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be a part of the assets transferred. Users will be notified via support@pureenergies.com or via a prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

Choice/Opt-out

Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for information. For example, our order form has an ‘opt-out’ mechanism so users who buy a product from us, but don’t want any marketing material, can keep their email address off of our lists. Users who no longer wish to receive our emails and/or promotional communications may opt-out of receiving these communications by replying to the email with “Remove” in the subject line or by emailing us at customercare@pureenergies.com. Alternatively the user may contact us at 877-444-4002.
-or-
help@pureenergies.com
-or-
at: 164 South Park, San Francisco, CA 94107 to opt-out.
The most immediate method is to email us at remove@pureenergies.com. Please remember to include the email address or contact number that you would like to have removed.

Upon your request, we can (i) provide You with a list of all the companies to whom we have provided your contact information pursuant to this website and (ii) provide You the categories of information shared with the third parties. You may opt-out from having your personal information shared with or provided to third parties, and you may request the list referenced above, by sending us an email given at the end of this policy. In addition, please note that the list referenced above is free to the consumer; however, we are only required by law to respond to one request per year.

If You receive a commercial email from one of our third parties, You may be able to unsubscribe by following the instructions at the bottom of each email. If You want to opt-out from all communications from these third parties, You may opt out of this use by contacting these third parties directly.

Links

This Web site contains links to other sites. Please be aware that we, pureenergies.com, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest [survey] sponsors] to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties.

Tell-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. pureenergies.com will automatically send the friend a one-time email inviting them to visit the site. pureenergies.com does store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact pureenergies.com at support@pureenergies.com to request the removal of this information from our database.

Security

This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ’surfing’. To learn more about SSL, visit VeriSign. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their passwords to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment in a locked facility. If users have any questions about the security at our Web site, users can send an email to support@ibog.org

Correcting/Updating/Deleting/Deactivating Personal Information

If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by emailing our Customer Support at support@pureenergies.com. Or, contact us by telephone or postal mail at the contact information listed below.

Notification of Changes

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Contact Information
If users have any questions or suggestions regarding our privacy policy, please contact us at:
Phone: 877-444-4002
Email: help@pureenergies.com
Postal Address: 164 South Park, San Francisco, CA 94107
Attn: PURE Customer Support
Support Department: help@pureenergies.com